How does the USPTO handle cases where a biological deposit becomes unavailable?

When the USPTO becomes aware that a biological deposit referenced in a patent application is unavailable, it takes the following steps:

1. The examiner treats the application as if no deposit existed.
2. The applicant may be required to make a replacement or supplemental deposit.
3. The new deposit must satisfy the requirements for patentability under 35 U.S.C. 112.

According to MPEP 2407.01:

“When the Office is so informed or otherwise becomes aware that samples of the deposited material cannot be furnished by the depository, the examiner will treat the application as if no deposit existed. A replacement or supplemental deposit must be made if access to the deposited material is necessary to satisfy the requirements for patentability under 35 U.S.C. 112.”

The examiner will evaluate any new deposit on a case-by-case basis to ensure it meets the necessary requirements.

To learn more:

• biological deposit
• unavailable deposit
• USPTO procedure
• 35 U.S.C. 112