What happens if a PCT application lacks a required sequence listing during international preliminary examination?

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 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.