What happens if a PCT application lacks a required sequence listing during international preliminary examination?
If the International Preliminary Examining Authority (IPEA) finds that a PCT application requires a sequence listing but lacks one, they may take action. According to MPEP 1877:
“If the International Preliminary Examining Authority finds that the international application contains disclosure of one or more nucleotide and/or amino acid sequences that, pursuant to the Administrative Instructions, are required to be included in a sequence listing, the International Preliminary Examining Authority may invite the applicant to furnish such a sequence listing complying with the standard provided for in the Administrative Instructions and pay a late furnishing fee.”
This means the IPEA can request the applicant to submit a compliant sequence listing and pay an associated fee for late submission.
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