Can a biological deposit be replaced after a patent is issued?
Generally, a biological deposit cannot be replaced after a patent is issued. According to MPEP 2407: “A replacement or supplemental deposit made in connection with an application for patent must be made before the patent issues.” This requirement ensures that the correct biological material is available to the public upon patent issuance. However, there are…
Read MoreWhat are the consequences of failing to replace a biological deposit promptly?
Failing to replace a biological deposit promptly can have serious consequences for a patent. The MPEP states: “Failure to diligently replace the deposit and promptly thereafter request a certificate of correction which meets the terms of 37 CFR 1.805(b) and 37 CFR 1.805(c) will cause the patent involved to be treated in any Office proceeding…
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