2415.02 Provisional Applications Containing Disclosures of Nucleotides and/or Amino Acids, Compliance with 37 CFR 1.831-1.834 [R-07.2022]
[Editor Note: This section is applicable to all applications filed on or after July 1, 2022, having disclosures of 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 nucleotides and/or amino acids, 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 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 a provisional application.