What is the difference between a replacement and supplemental deposit?

While both replacement and supplemental deposits are mentioned in MPEP 2407, they serve different purposes:

  • Replacement deposit: This is made when the original deposit is no longer viable or available. It replaces the original deposit entirely.
  • Supplemental deposit: This is made to add to or enhance the original deposit, without necessarily replacing it.

The MPEP states:

“A replacement or supplemental deposit made during the pendency of an application for patent may be made without a certificate of correction pursuant to 37 CFR 1.323.”

This indicates that both types of deposits are treated similarly in terms of procedure, but their purposes differ. A supplemental deposit might be made to provide additional material or to ensure long-term viability, while a replacement deposit is necessary when the original is no longer suitable.

To learn more:

Topics: MPEP 2400 - Biotechnology, MPEP 2407 - Replacement Or Supplement Of Deposit, Patent Law, Patent Procedure
Tags: biological material, patent procedure, Replacement Deposit, Supplemental Deposit