What are the consequences of failing to perfect a biological deposit?

Failing to perfect a biological deposit can have serious consequences for a patent application. The MPEP 2411.01 states:

“If an application is otherwise in condition for allowance except for a needed deposit and the file record indicates that the deposit has not been made or perfected, the examiner should notify applicant in the next Office action that the deposit is required.”

This means that if the deposit is not perfected:

• The application cannot be allowed until the deposit issues are resolved.
• The examiner will issue a rejection under 35 U.S.C. 112(a) for lack of enablement.
• If the deposit is not perfected within the time given (usually a period for reply to the Office action), the application may become abandoned.

It’s crucial for applicants to address deposit requirements promptly to avoid these negative outcomes and ensure their invention is fully enabled and described in compliance with patent law.

To learn more:

• biological deposit
• patent rejection
• enablement
• application abandonment