What are the consequences of not submitting a Sequence Listing in XML format when required?

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.

Failing to submit a Sequence Listing in XML format when required can have serious consequences for your patent application. According to MPEP 2415.01:

“If an application does not contain a Sequence Listing in XML format as required, the Office will issue a notice requiring the applicant to submit the Sequence Listing in XML format within two months from the date of the notice.”

If you don’t comply with this requirement:

• Your application may be considered as failing to comply with the requirements of 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph.
• The application might be deemed incomplete or abandoned.
• You may need to pay additional fees for late submission.

It’s crucial to submit the correct format to avoid delays and potential loss of patent rights.