MPEP § 2404.03 — Reference to a Deposit in the Specification (Annotated Rules)
§2404.03 Reference to a Deposit in the Specification
This page consolidates and annotates all enforceable requirements under MPEP § 2404.03, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Reference to a Deposit in the Specification
This section addresses Reference to a Deposit in the Specification. Primary authority: 35 U.S.C. 112, 35 U.S.C. 132), and 35 U.S.C. 132. Contains: 1 prohibition and 1 other statement.
Key Rules
Components Required for Filing Date
37 CFR 1.802(c) specifically provides that the mere reference to a biological material in the specification disclosure or the actual deposit of such material does not create any presumption that such referenced or deposited material is necessary to satisfy 35 U.S.C. 112, or that a deposit in accordance with these regulations is or was required. It should be noted, however, that a reference to a biological material, present in an application upon filing, may form the basis for making a deposit, where required, after the filing date of a given application but that the reference to the biological material, itself, cannot be added after filing without risking the prohibited introduction of new matter (35 U.S.C. 132). See the discussion of the Lundak application in MPEP § 2406.01.
37 CFR 1.802(c) specifically provides that the mere reference to a biological material in the specification disclosure or the actual deposit of such material does not create any presumption that such referenced or deposited material is necessary to satisfy 35 U.S.C. 112, or that a deposit in accordance with these regulations is or was required. It should be noted, however, that a reference to a biological material, present in an application upon filing, may form the basis for making a deposit, where required, after the filing date of a given application but that the reference to the biological material, itself, cannot be added after filing without risking the prohibited introduction of new matter (35 U.S.C. 132). See the discussion of the Lundak application in MPEP § 2406.01.
Citations
| Primary topic | Citation |
|---|---|
| Components Required for Filing Date | 35 U.S.C. § 112 |
| Components Required for Filing Date | 35 U.S.C. § 132 |
| Components Required for Filing Date | 37 CFR § 1.802(c) |
| Components Required for Filing Date | MPEP § 2406.01 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2404.03 — Reference to a Deposit in the Specification
Source: USPTO2404.03 Reference to a Deposit in the Specification [R-08.2012]
37 CFR 1.802(c) specifically provides that the mere reference to a biological material in the specification disclosure or the actual deposit of such material does not create any presumption that such referenced or deposited material is necessary to satisfy 35 U.S.C. 112, or that a deposit in accordance with these regulations is or was required. It should be noted, however, that a reference to a biological material, present in an application upon filing, may form the basis for making a deposit, where required, after the filing date of a given application but that the reference to the biological material, itself, cannot be added after filing without risking the prohibited introduction of new matter (35 U.S.C. 132). See the discussion of the Lundak application in MPEP § 2406.01.