What are the requirements for a supplemental deposit in patent applications?

Supplemental deposits in patent applications must meet specific requirements as outlined in MPEP 2407. These include:

• The supplemental deposit must be made before the patent issues.
• It must be of a biological material specifically identified in the application as filed.
• The applicant must provide a statement that the deposit meets the requirements of 37 CFR 1.801-1.809.
• A statement that all restrictions on availability will be removed upon granting of the patent.

The MPEP states:

“The applicant must submit a statement that the deposit is capable of reproduction. The statement must be signed by an attorney or agent registered to practice before the Office, or by the applicant.”

This ensures that the supplemental deposit is viable and can be accessed by the public once the patent is granted, maintaining the quid pro quo of the patent system.

To learn more:

• supplemental deposit
• biological material
• patent application requirements
• USPTO guidelines