What constitutes an acceptable written assurance for a future biological material deposit?
An acceptable written assurance for a future biological material deposit must clearly state that the deposit will be made within the required time and under conditions that satisfy the USPTO rules. The MPEP 2411.02 provides guidance on this:
“The written assurance will be accepted by the Office if it clearly states that an acceptable deposit will be made within the required time and under conditions which satisfy these rules.”
If such an acceptable written assurance is provided, the examiner should remove the rejection under 35 U.S.C. 112 related to the absence of access to the biological material. It’s important to note that the actual deposit must still be made as assured to maintain compliance.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2411.02 - Replies To Rejections Based On Deposit Issue,
Patent Law,
Patent Procedure