What happens if a deposit becomes unavailable or contaminated?

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.

If a biological deposit becomes unavailable or contaminated, the patent owner must take action to ensure continued public availability. According to MPEP 2407:

“A replacement or supplemental deposit made during the pendency of an application for patent may be made without a certificate of correction […] A replacement or supplemental deposit made in connection with a patent, whether or not made during the pendency of an application for reissue patent or a reexamination proceeding […] must be accompanied by a request for certificate of correction under 37 CFR 1.323 and 37 CFR 1.610(e) or, in the case of a reexamination proceeding, a proposed amendment under 37 CFR 1.530(d)(1).”

In other words, the patent owner must make a replacement or supplemental deposit and, if the patent has already been issued, request a certificate of correction to update the deposit information.