What is the applicant’s responsibility regarding biological deposit availability?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. The applicant has a responsibility to notify the USPTO when they become aware that a biological deposit referenced in their application is no longer available. As stated in MPEP 2407.01 : “Pursuant to 37 CFR 1.805(a) , an applicant is required to notify the Office when it obtains information that the depository possessing a deposit referenced in an application cannot furnish samples of the deposit.” This notification is crucial because it allows the USPTO to take appropriate action, such as treating the application as if no deposit existed and potentially requiring a replacement or supplemental deposit to satisfy the requirements of 35 U.S.C. 112 . Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Replacement or Supplemental Deposit Required If Original Does Not Meet Requirements MPEP 2407.01 Replacement or Supplemental Deposit Required During Pendency MPEP 2407 Prohibited Supplemental Deposit During Pendency Permitted for Any Reason MPEP 2407 Permitted No Deposit If Samples Unavailable MPEP 2407.01 Prohibited Replacement Deposit When Earlier One No Longer Viable MPEP 2407 No Supplemental Deposit Required for Unnecessary Deposits MPEP 2407 Notification Required When Deposit Cannot Be Furnished MPEP 2407.01 Prohibited Replacement of Viable Biological Deposit MPEP 2407 Supplemental Deposit When Earlier One Is Viable But Degraded MPEP 2407 Alternative Deposit of Biological Material Allowed MPEP 2407.01 Recommended Other Related FAQs 5 FAQs Collapse Can a biological deposit be made after the filing date of a patent application? What is the time limit for submitting a biological deposit after filing a patent application? What are the consequences of not making a biolog...