What are the consequences of failing to incorporate the “Sequence Listing XML” by reference?
What are the consequences of failing to incorporate the “Sequence Listing XML” by reference?
Failing to incorporate the “Sequence Listing XML” by reference can have serious consequences for a patent application. According to MPEP 2413.04:
“If an application as filed does not contain such an incorporation by reference statement with respect to a Sequence Listing XML, or if a copy of the Sequence Listing XML is not filed as required by 37 CFR 1.821(c)(2), applicant will be required to comply with the relevant provisions of 37 CFR 1.821(c)(2) and 1.834 before examination of the application will begin.”
This means that the examination of your application may be delayed until you comply with the incorporation by reference requirements. In some cases, failure to properly incorporate the Sequence Listing XML could potentially result in the loss of the application’s filing date if the incorporation is not made within the time period set by the USPTO.
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