What are the consequences of submitting a sequence listing that does 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.

According to MPEP 2422.07, submitting a sequence listing that does not comply with 37 CFR 1.821-1.825 can have serious consequences:

• The application may be regarded as incomplete and therefore may not be accepted for filing.
• If accepted for filing, the application may be denied the filing date.
• If granted a filing date, the application may be regarded as incomplete with a notice issued indicating that an compliant “Sequence Listing” must be submitted within a prescribed time period (usually two months) that is extendable under 37 CFR 1.136(a).

The MPEP states: “Provisional applications filed under 35 U.S.C. 111(b) need not have the restriction requirement satisfied in order to receive a filing date. However, complying with the sequence rules is necessary to complete the application and to obtain a filing receipt.”