Can an applicant replace a biological deposit with a different material in a pending application?

Yes, in a pending application, an applicant can replace a biological deposit with a different material, provided it meets certain conditions. According to MPEP 2407.01:

“It should be noted that in a pending application, an applicant need not replace the identical material previously deposited, but may make an original deposit of a biological material which is specifically identified and described in the application as filed.”

However, the new deposit must satisfy the following criteria:

• It must meet all the requirements for making an original deposit.
• It must be specifically identified and described in the application as filed.
• The examiner must determine if it meets the requirements of 35 U.S.C. 112 with respect to the claimed subject matter.
• The conditions in 37 CFR 1.802(b) and 37 CFR 1.804(b) must be satisfied.

To learn more:

• biological deposit
• patent application
• replacement deposit
• 35 U.S.C. 112