How does “supplement” differ from “replacement” in biological deposits?
While “replacement” involves substituting one deposit for another, “supplement” refers to situations where the original deposit is still viable but has lost certain qualities. The MPEP explains:
“The term ‘supplement’ is directed to those situations where the earlier deposit is still viable in the sense that it is alive and capable of replication either directly or indirectly, but has lost a quality (e.g., purity, functionality) it allegedly possessed at the time the application was filed.”
Supplementation is used to address issues with the deposit’s quality rather than its viability.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2407 - Replacement Or Supplement Of Deposit,
Patent Law,
Patent Procedure