Can deposit information be added to a patent application after filing?

Yes, deposit information can be added to a patent application after filing, but under specific conditions. According to MPEP 2406.01, which cites the Lundak case:

“The Court further held that the addition of information designating the depository, accession number, and deposit date of the deposited cell line in ATCC after the filing date did not violate the prohibition against new matter in 35 U.S.C. 132.“

Key points about adding deposit information after filing:

• The biological material must be sufficiently described in the original application.
• The addition of depository information (e.g., depository name, accession number, deposit date) is not considered new matter under 35 U.S.C. 132.
• The USPTO must have access to a sample during the application’s pendency.
• Public access must be ensured after the patent is granted.

It’s important to note that while deposit information can be added later, the biological material itself must be specifically identified in the application as originally filed to comply with the description requirement of 35 U.S.C. 112.

To learn more:

• deposit information
• patent application
• Lundak case
• new matter
• 35 U.S.C. 132