Can a biological deposit be replaced after a patent is issued?

Generally, a biological deposit cannot be replaced after a patent is issued. According to MPEP 2407:

“A replacement or supplemental deposit made in connection with an application for patent must be made before the patent issues.”

This requirement ensures that the correct biological material is available to the public upon patent issuance. However, there are rare exceptions:

• If the original deposit becomes contaminated or is no longer viable, a replacement may be necessary to maintain the patent’s validity.
• In such cases, the patent owner would likely need to petition the USPTO and provide evidence of the necessity for replacement.

It’s crucial to ensure that all necessary deposits are made and verified before the patent is granted to avoid potential issues with patent enforcement or validity.

To learn more:

• biological deposit
• patent issuance
• deposit replacement
• patent validity