What happens if a PCT application lacks a compliant sequence listing?

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.

If a PCT application lacks a compliant sequence listing, the following process may occur:

1. The International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA) may invite the applicant to furnish a compliant sequence listing.
2. The invitation will specify a time limit for response and may require payment of a late furnishing fee.
3. 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.”