What are the requirements for a replacement deposit in patent applications?
According to MPEP 2407.04, the requirements for a replacement deposit are not more stringent than those for the original deposit. The section states:
“The provisions of 37 CFR 1.805(f) recognize that since an original deposit may be made during the pendency of the application subject to the conditions of 37 CFR 1.809, a replacement deposit logically cannot be held to any higher standard or any further requirements.”
This means that replacement deposits must meet the same conditions as original deposits, which are outlined in 37 CFR 1.809. These conditions typically include viability of the biological material and accessibility to the public upon patent grant.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2407.04 - Treatment Of Replacement,
Patent Law,
Patent Procedure