What are the requirements for replying to a rejection based on a deposit issue?
When replying to a rejection based on a deposit issue, applicants must meet specific requirements as outlined in MPEP 2411.02. The key requirements include:
- Providing a statement that the deposit has been made and that all restrictions on access will be removed upon grant of a patent.
- Supplying the deposit accession number and any other available deposit information.
- Stating that the deposit meets the requirements of 37 CFR 1.801-1.809.
- Stating that all restrictions on access to the deposit will be removed upon granting of a patent.
As stated in the MPEP, “The applicant must reply to a rejection based on a deposit issue by either making or identifying an acceptable deposit in accordance with 37 CFR 1.802 and 1.804.” Failure to address these points may result in continued rejection of the application.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2411.02 - Replies To Rejections Based On Deposit Issue,
Patent Law,
Patent Procedure