37 CFR § 1.809 — Examination procedures. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.809 Examination procedures.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.809, including 51 rules 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.
Summary
This section provides detailed examination procedures for making replacement deposits during the pendency of a patent application, ensuring compliance with specific deposit requirements.
What this section covers
- Defines that this section addresses the treatment of replacement deposits during the pendency of a patent application.
Key obligations
- States that applicants must follow specific procedures when making a replacement deposit during the pendency of their patent application.
- States that applicants must ensure compliance with the deposit requirements as outlined in the MPEP.
- States that applicants must adhere to the provisions of 37 CFR § 1.809 for any replacement deposit made during the pendency of their application.
Practice notes
- Advise practitioners to review the specific deposit requirements and ensure that any replacement deposit is properly documented.
- Warn against making unauthorized or improper replacement deposits, as they may result in delays or rejections of the application.
Official MPEP § 1.809 — Examination procedures.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.809 Examination procedures.
- (a) The examiner shall determine pursuant to § 1.104 in each application for patent, application for reissue patent or reexamination proceeding if a deposit is needed, and if needed, if a deposit actually made is acceptable for patent purposes. If a deposit is needed and has not been made or replaced or supplemented in accordance with these regulations, the examiner, where appropriate, shall reject the affected claims under the appropriate provision of 35 U.S.C. 112 , explaining why a deposit is needed and/or why a deposit actually made cannot be accepted.
- (b) The applicant for patent or patent owner shall
reply to a rejection under paragraph (a) of this section by—
- (1) In the case of an applicant for patent, either making an acceptable original, replacement, or supplemental deposit, or assuring the Office in writing that an acceptable deposit will be made; or, in the case of a patent owner, requesting a certificate of correction of the patent which meets the terms of paragraphs (b) and (c) of § 1.805 , or
- (2) Arguing why a deposit is not needed under the circumstances of the application or patent considered and/or why a deposit actually made should be accepted. Other replies to the examiner’s action shall be considered nonresponsive. The rejection will be repeated until either paragraph (b)(1) of this section is satisfied or the examiner is convinced that a deposit is not needed.
- (c) If an application for patent is otherwise in condition for allowance except for a needed deposit and the Office has received a written assurance that an acceptable deposit will be made, the Office may notify the applicant in a notice of allowability and set a three-month period of time from the mailing date of the notice of allowability within which the deposit must be made in order to avoid abandonment. This time period is not extendable under § 1.136 ( see § 1.136(c) ).
- (d) For each deposit made pursuant to these
regulations, the specification shall contain:
- (1) The accession number for the deposit;
- (2) The date of the deposit;
- (3) A description of the deposited biological material sufficient to specifically identify it and to permit examination; and
- (4) The name and address of the depository.
- (e) Any amendment required by paragraphs (d)(1), (d)(2) or (d)(4) of this section must be filed before or with the payment of the issue fee (see § 1.312 ).
[Added, 54 FR 34882, Aug. 22, 1989, effective Jan. 1, 1990; paras. (b) and (c) revised and para. (e) added, 66 FR 21092, Apr. 27, 2001, effective May 29, 2001; para. (c) revised, 78 FR 62368, Oct. 21, 2013, effective Dec. 18, 2013]
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- Access Document Types
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- Examination Procedure
- Rejection Of Claims
- Fees
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- Patent Issuance
- Notice Of Allowance
- Reissue
- Reissue Concurrent Proceedings
| MPEP Section | Rules |
|---|---|
| MPEP § 2406 | |
| MPEP § 2407.04 | |
| MPEP § 2411 | |
| MPEP § 2411.01 | |
| MPEP § 2411.02 | |
| MPEP § 2411.03 | |
| MPEP § 2411.05 |