How can an applicant overcome a rejection based on a deposit not being made or identified?

To overcome a rejection based on a deposit not being made or identified, an applicant has several options as outlined in MPEP 2411.02:

1. Make the deposit: If a deposit has not been made, the applicant can make the deposit and provide the required information.
2. Identify an existing deposit: If the deposit has already been made, the applicant should identify it and provide the necessary information.
3. Explain why a deposit is not needed: The applicant can argue that a deposit is not necessary by demonstrating that the biological material is known and readily available to the public.
4. Amend the application: In some cases, the applicant may choose to amend the application to remove the need for a deposit.

The MPEP states: “If an application is otherwise in condition for allowance except for a needed deposit and the file record indicates that the deposit has not been made or identified as required, the examiner should notify the applicant in the next Office action and set a three-month time period in which to resolve the issue.” This gives the applicant a clear timeframe to address the deposit issue and move forward with the application.

To learn more:

• Overcoming patent rejection
• Biological deposit
• Patent application procedure
• USPTO requirements