What types of patent proceedings might require a replacement deposit?
Replacement deposits may be required in various types of patent proceedings where the original deposit is no longer viable or accessible. MPEP 2407.03 specifically mentions two types of proceedings:
“…for example a reissue or reexamination proceeding, where a deposit is considered to be necessary to satisfy the requirements of 35 U.S.C. 112…”
These proceedings include:
- Reissue proceedings: When a patent owner seeks to correct an error in an issued patent.
- Reexamination proceedings: When the validity of an issued patent is being reevaluated.
In addition to these, replacement deposits might also be necessary in other situations where the application or patent is still pending before the USPTO, such as during patent application examination or in response to office actions. The key factor is whether the deposit is necessary to satisfy the requirements of 35 U.S.C. 112 throughout the life of the patent or pendency of the application.
To learn more: