What happens if a PCT application lacks a compliant sequence listing?
If a PCT application lacks a compliant sequence listing, the following process may occur:
- The International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) may invite the applicant to furnish a compliant sequence listing.
- The invitation will specify a time limit for response and may require payment of a late furnishing fee.
- If the applicant fails to provide a compliant sequence listing within the specified time limit, the search or examination may be limited.
According to the MPEP: If a compliant “Sequence Listing XML” has not been furnished to the ISA/IPEA within the time limit set forth in the invitation, the ISA/IPEA will only search and examine the international application to the extent that a meaningful search or examination can be performed without the “Sequence Listing XML.”
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