When is a replacement deposit not required for biological materials?
A replacement deposit of biological materials is not required under certain conditions, even if the depository cannot furnish samples to requesters outside its jurisdiction. According to MPEP 2407.05, these conditions are: National security reasons Health reasons Environmental safety reasons As stated in the MPEP: “The provisions of 37 CFR 1.805(h) indicate that a replacement deposit…
Read MoreWhat 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:…
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