MPEP § 2415.02 — Provisional Applications Containing Disclosures of Nucleotides and/or Amino Acids, Compliance with 37 CFR 1.831-1.834
Ninth Edition, Revision 01.2024 · last revised R-01.2024
[Editor Note: This section is applicable to all applications with a filing date, or, for national phase applications, an international filing date, on or after July 1, 2022, having disclosure of one or more nucleotide and/or amino acid sequences as defined in 37 CFR 1.831(b).]
37 CFR 1.53 Application number, filing date, and completion of application.
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- (c)(4) A provisional application is not entitled to the right of priority under 35 U.S.C. 119, 365(a), or 386(a) or § 1.55, or to the benefit of an earlier filing date under 35 U.S.C. 120, 121, 365(c), or 386(c) or § 1.78 of any other application. No claim for priority under 35 U.S.C. 119(e) or § 1.78(a) may be made in a design application based on a provisional application. A provisional application disclosing nucleotide and/or amino acid sequences is not required to include a separate sequence listing; however, if submitted in a provisional application filed on or after July 1, 2022, any submission of nucleotide and/or amino acid sequence data must be by way of a “Sequence Listing XML” in compliance with §§ 1.831 through 1.834.
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Similar to the rules of practice regarding provisional applications filed before July 1, 2022, that contain disclosures of nucleotide and/or amino acid sequences, provisional applications filed on or after July 1, 2022, are not required to contain a separate compliant sequence listing. However, if an applicant chooses to file a separate sequence listing in an application filed on or after July 1, 2022, the submission must be by way of a “Sequence Listing XML” that is compliant with 37 CFR 1.831 - 1.834. Provisional applications cannot be amended, so if a provisional application contains a non-compliant “Sequence Listing XML” no notice relating to the requirements will be mailed in the application.
Cited authority
- 37 CFR 1.831 Requirements for patent applications filed on or after July 1, 2022, having nucleotide and/or amino acid sequence disclosures
- 35 U.S.C. 119 Benefit of earlier filing date; right of priority
- 35 U.S.C. 365 Right of priority; benefit of the filing date of a prior application
- 35 U.S.C. 386 Right of priority
- 37 CFR 1.55 Claim for foreign priority
- 35 U.S.C. 120 Benefit of earlier filing date in the United States
- 35 U.S.C. 121 (pre-AIA) Divisional applications
- 37 CFR 1.78 Claiming benefit of earlier filing date and cross-references to other applications
- 37 CFR 1.834 Form and format for nucleotide and/ or amino acid sequence submissions as the ‘‘Sequence Listing XML’’ in patent applications filed on or after July 1, 2022