How does the USPTO treat replacement deposits?

The United States Patent and Trademark Office (USPTO) applies a rebuttable presumption of identity between the replacement deposit and the original deposit. This treatment is outlined in MPEP 2407.04, which states:

“37 CFR 1.805(e) indicates that the Office will apply a rebuttable presumption of identity between the replacement deposit and an original deposit where a patent making reference to the deposit is relied on during any Office proceeding.”

This means that the USPTO assumes the replacement deposit contains the same material as described in the patent, unless evidence to the contrary is presented. This treatment simplifies the examination process and maintains consistency in patent proceedings.

To learn more:

• USPTO
• replacement deposit
• presumption of identity
• patent examination