MPEP § 2407.05 — Exemption From Replacement (Annotated Rules)
§2407.05 Exemption From Replacement
This page consolidates and annotates all enforceable requirements under MPEP § 2407.05, 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.
Exemption From Replacement
This section addresses Exemption From Replacement. Primary authority: 37 CFR 1.805(h). Contains: 1 prohibition and 1 other statement.
Key Rules
PTAB Jurisdiction
The provisions of 37 CFR 1.805(h) indicate that a replacement deposit is not required even though the depository cannot furnish samples, under certain conditions, to those requesting a sample outside of the jurisdiction where the depository is located. The conditions are specified in this paragraph as being limited to national security, health or environmental safety reasons. See also Article 5 of the Budapest Treaty.
The provisions of 37 CFR 1.805(h) indicate that a replacement deposit is not required even though the depository cannot furnish samples, under certain conditions, to those requesting a sample outside of the jurisdiction where the depository is located. The conditions are specified in this paragraph as being limited to national security, health or environmental safety reasons. See also Article 5 of the Budapest Treaty.
Citations
| Primary topic | Citation |
|---|---|
| PTAB Jurisdiction | 37 CFR § 1.805(h) |
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 § 2407.05 — Exemption From Replacement
Source: USPTO2407.05 Exemption From Replacement [R-08.2012]
The provisions of 37 CFR 1.805(h) indicate that a replacement deposit is not required even though the depository cannot furnish samples, under certain conditions, to those requesting a sample outside of the jurisdiction where the depository is located. The conditions are specified in this paragraph as being limited to national security, health or environmental safety reasons. See also Article 5 of the Budapest Treaty.