Can an applicant request an extension for making a biological deposit?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, an applicant can request an extension for making a biological deposit. The MPEP 2411.03 states: “If the biological deposit is not made within the required period, and applicant has not filed a petition requesting an extension of time or otherwise justified the delay, the examiner will issue an Office action making the rejection final…” This implies that applicants can file a petition requesting an extension of time or provide justification for the delay. However, it’s important to note that such requests are subject to the discretion of the USPTO and should be made with valid reasons for the delay. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Deposit Must Be Made Within Three Months to Avoid Abandonment MPEP 2411 Required Deposit Must Be Made Within Three Months of Allowability Notice MPEP 2411.03 Required Deposit Must Be Made Within Three Months MPEP 2411.03 Examiner Must Determine If Deposit Is Needed and Acceptable for Patent Purposes MPEP 2411 Required Arguing Against Deposit Requirement MPEP 2411 Recommended Deposit Requirement Time Period Not Extensible MPEP 2411 Requirement for Responding to Patent Office Action MPEP 2411 Required Deposit Required Until Examiner Agrees MPEP 2411 Amendments Before Issue Fee Payment Required MPEP 2411 Required Deposit of Biological Material Before Issue Fee Payment MPEP 2411.03 Required Other Related FAQs 5 FAQs Collapse How should information about the deposit be added to the patent specification? What are the consequences of failing to make a required deposit within the specified time? What happens if a biological deposit is not made within the required time period? What is the significance of the phrase &#8220;co...