How does the USPTO handle applications with sequence listings that do not comply with 37 CFR 1.821-1.825?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The USPTO has specific procedures for handling applications with non-compliant sequence listings, as outlined in MPEP 2422.07:

1. If the application is accepted for filing but the sequence listing is found to be non-compliant, the applicant will be notified.
2. The applicant will be given a time period (usually two months) to submit a compliant “Sequence Listing.”
3. This time period is extendable under 37 CFR 1.136(a).

The MPEP states: “Submissions in reply to requirements under this paragraph must be accompanied by a statement that the submission includes no new matter.” This ensures that any corrections to the sequence listing do not introduce new subject matter into the application.