What are the consequences of failing to make a required deposit within the specified time?
Failing to make a required deposit within the specified time can have serious consequences for a patent application. According to MPEP 2411.03:
“Failure to make the needed deposit in accordance with this requirement will be considered a failure to prosecute the application under 35 U.S.C. 133 and result in abandonment of the application.”
This means that if an applicant does not make the required deposit within the three-month period, their application may be considered abandoned, potentially losing their patent rights.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2411.03 - Application In Condition For Allowance Except For Deposit,
Patent Law,
Patent Procedure