Are there exceptions to the requirement for making a replacement deposit?
Yes, there are exceptions to the requirement for making a replacement deposit. According to MPEP 2407.03:
“The provisions of 37 CFR 1.805(g) indicate that a replacement need not be made where, at the point in time when replacement would otherwise be necessary, access to the necessary biological material was otherwise available.”
This means that if the biological material is accessible through other means, a replacement deposit may not be required. The MPEP provides an example:
“For example, a replacement deposit would not be required under the circumstances where access to the necessary biological material was established through commercial suppliers.”
Therefore, if the biological material is commercially available or accessible through other means, the applicant or patent owner may not need to make a replacement deposit.
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