How should information about the deposit be added to the patent specification?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-29

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.

Information about the deposit must be added to the patent specification through a specific amendment process. The MPEP 2411.03 provides guidance:

“Once the deposit has been made, information regarding the deposit, such as the name and address of the depository, the accession number and the date of the deposit, that is to be added to the specification must be added by means of filing an amendment under the provisions of 37 CFR 1.312.”

This amendment must be filed before or with the payment of the issue fee. Applicants should ensure they have sufficient time to make the deposit and file the amendment before paying the issue fee.

Topics: MPEP 2400 - Biotechnology MPEP 2411.03 - Application In Condition For Allowance Except For Deposit Patent Law Patent Procedure
Tags: Fees 1 18