What happens if a patent application is in condition for allowance except for a required deposit?
If a patent application is in condition for allowance except for a required deposit, the USPTO may notify the applicant and set a three-month period for making the deposit. As stated in MPEP 2411.03:
“[T]he Office may notify the applicant in a notice of allowability and set a three month period of time from the mailing date of the notice of allowability within which the deposit must be made in order to avoid abandonment.”
This period is not extendable under 37 CFR 1.136. Failure to make the deposit within this timeframe may result in abandonment of the application.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2411.03 - Application In Condition For Allowance Except For Deposit,
Patent Law,
Patent Procedure