What is a patent owner’s obligation regarding biological deposits after a patent has issued?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. A patent owner has a specific obligation regarding biological deposits after a patent has issued. According to MPEP 2407.02 , “ A patent owner is required to notify the Office when it obtains information that a depository possessing a deposit referenced in a patent cannot furnish samples of the deposit. ” This means that patent owners must actively monitor the status of their biological deposits and inform the USPTO if there are any issues with sample availability. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Procedures for Post-Issuance Biological Deposit Corrections MPEP 2407.02 Permitted Patent Owner Must Notify Office of Deposit Non-Fulfillment MPEP 2407.02 Prohibited Depositor Must Notify Office of Contaminated Deposit During Pendency MPEP 2407 Prohibited Depositor Must Replace Deposit Promptly After Notification MPEP 2407 Prohibited Replacement of Viable Biological Deposit MPEP 2407 Deposit Must Be Replaced Promptly MPEP 2407.02 Request for Certificate of Correction Must Be Prompt After Deposit MPEP 2407 Prohibited Greater Latitude During Pendency Than Post Grant MPEP 2407 Permitted No Supplemental Deposit Required for Unnecessary Deposits MPEP 2407 Certificate of Correction Required for Replacement or Supplemental Deposits MPEP 2407.02 Prohibited Other Related FAQs 5 FAQs Collapse Can a biological deposit be made after a patent has been granted? What are the consequences of failing to replace a biological deposit promptly? How can a patent owner correct information about a replacement or supplemental biological deposit? What is the purpose of 37 CFR 1.805? Can a biological deposit be made after the filing date of a patent application?