What types of patent proceedings might require a replacement deposit?
Replacement deposits may be required in various types of patent proceedings where the original deposit is no longer viable or accessible. MPEP 2407.03 specifically mentions two types of proceedings: “…for example a reissue or reexamination proceeding, where a deposit is considered to be necessary to satisfy the requirements of 35 U.S.C. 112…” These proceedings include:…
Read MoreWhat happens if a replacement deposit is not made in a pending patent case?
If a replacement deposit is not made in a pending patent case where a deposit is considered necessary to satisfy the requirements of 35 U.S.C. 112, the application or patent will be treated as if no deposit were made. As stated in MPEP 2407.03: “37 CFR 1.805(d) sets forth the Office position that the failure…
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