Can I argue that a biological material deposit is not required for my patent application?
Yes, you can argue that a biological material deposit is not required for your specific patent application. The MPEP 2411.02 provides this option as one of the ways to respond to a rejection based on the absence of a biological material deposit:
“…applicant may reply… by submitting an argument of why a deposit is not required under the circumstances of the application being considered.”
However, it’s important to note that this argument must be convincing to the examiner. The MPEP further states:
“The rejection will be repeated and made final until the requirements of 37 CFR 1.809(b)(1) are satisfied or the examiner is convinced that a deposit is not required for the claimed subject matter.”
If you choose to argue against the need for a deposit, you should provide a thorough, well-reasoned explanation based on the specific circumstances of your invention and the relevant legal and scientific considerations.
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