What happens if a biological deposit is not made within the required time period?
If a biological deposit is not made within the required time period, the application may be abandoned. According to MPEP 2411.03:
“If the biological deposit is not made within the required period, and applicant has not filed a petition requesting an extension of time or otherwise justified the delay, the examiner will issue an Office action making the rejection final and include a statement that the rejection under 35 U.S.C. 112 is not being made because the biological deposit has not been made.”
The examiner will then reject the application under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as lacking enablement.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2411.03 - Application In Condition For Allowance Except For Deposit,
Patent Law,
Patent Procedure