How does the USPTO handle biological deposits made after the application filing date?

The USPTO has specific procedures for handling biological deposits made after the application filing date. According to MPEP 2407.01:

“For biological inventions, for which evidence of reduction to practice via a biological deposit is required, there is a further requirement that the deposit be made within a specified period after the filing date of the application when the deposit is not explicitly referenced in the application as filed.”

Here’s how the USPTO handles post-filing deposits:

• If the deposit is explicitly referenced in the application as filed, it can be made until the application is in condition for allowance.
• If the deposit is not explicitly referenced in the application as filed, it must be made within a specified period after the filing date, typically within 16 months from the filing date or 4 months from the date of a USPTO action requiring the deposit, whichever is later.
• The applicant must submit a statement confirming that the deposit meets the requirements of 37 CFR 1.801-1.809.
• The USPTO may require the applicant to amend the specification to include the accession number and deposit date.

It’s crucial for applicants to follow these procedures carefully to ensure their biological deposits are properly handled and their patent applications remain valid.

To learn more:

• biological deposit
• post-filing deposit
• USPTO procedures
• 37 CFR 1.801-1.809