How does the timing of a replacement deposit affect the patent process?

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.

The timing of a replacement deposit can significantly affect the patent process. According to MPEP 2407:

“A replacement deposit made in connection with an application for patent may be made at any time before the patent issues […] A replacement made after the patent issues must be made with a certificate of correction under 37 CFR 1.323.”

This means:

• Before patent issuance: Replacement deposits can be made without additional procedures.
• After patent issuance: Replacement deposits require a certificate of correction, which involves additional paperwork and potential delays.

It’s generally easier and more straightforward to make any necessary replacements or supplements before the patent is issued.