What happens if a patent application filed after July 1, 2022, doesn’t include a Sequence Listing XML?
While MPEP 2415 doesn’t explicitly state the consequences, failing to include a required Sequence Listing XML in a patent application filed on or after July 1, 2022, would likely result in a notice of incomplete application from the USPTO. The applicant would then need to submit the Sequence Listing XML to complete the application. Failure to do so could lead to the application being abandoned. It’s crucial for applicants to comply with the requirement that “For those applications filed on or after July 1, 2022, a ‘Sequence Listing XML’ (see 37 CFR 1.831(a)) as a separate part of the specification is required.”
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Topics:
MPEP 2400 - Biotechnology,
MPEP 2415 - Applicability Date Of "Sequence Listing Xml" Requirements To Applications Based On Filing Date Of Application And Procedures For Failure To Submit Correct Format Of Sequence Listing,
Patent Law,
Patent Procedure