What is the legal basis for requiring sequence listings in PCT applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
The requirement for sequence listings in PCT applications is based on specific rules and administrative instructions. According to MPEP 1877, the legal basis is found in PCT Rule 13ter.2:
“PCT Rule 13ter.2”
This rule provides the International Preliminary Examining Authority (IPEA) with the authority to request sequence listings. The MPEP further elaborates that these requirements are “pursuant to the Administrative Instructions,” which set the standards for sequence listings in PCT applications.