Can a deposit be made after the filing date of a patent application?
Yes, a deposit can be made after the filing date of a patent application, but there are specific requirements and potential consequences to consider. According to MPEP 2411.01:
“A deposit made after the date of filing may be acceptable if it meets the requirements of 37 CFR 1.804(b) and if applicant submits a statement in a separate paper under 37 CFR 1.8 certifying that the deposit is identical to that described in the specification as filed.”
However, it’s important to note that making a deposit after the filing date may raise issues of new matter or lack of written description. The examiner will evaluate whether the later-filed deposit introduces new matter not present in the original application. If it does, this could lead to rejections under 35 U.S.C. 112(a) for lack of written description or new matter.
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