What is the applicant’s responsibility regarding biological deposit availability?
The applicant has a responsibility to notify the USPTO when they become aware that a biological deposit referenced in their application is no longer available. As stated in MPEP 2407.01:
“Pursuant to 37 CFR 1.805(a), an applicant is required to notify the Office when it obtains information that the depository possessing a deposit referenced in an application cannot furnish samples of the deposit.”
This notification is crucial because it allows the USPTO to take appropriate action, such as treating the application as if no deposit existed and potentially requiring a replacement or supplemental deposit to satisfy the requirements of 35 U.S.C. 112.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2407.01 - In A Pending Application,
Patent Law,
Patent Procedure