Can a biological deposit be made after a patent has been granted?
No, a biological deposit cannot be made after a patent has been granted if no original deposit was made during the application process. The MPEP clearly states: “A request for a certificate of correction of a patent under 37 CFR 1.805(b) and 37 CFR 1.805(c) will not be granted where no original deposit was made before or during the pendency of the application which matured into the patent.” This means that if a biological deposit was required but not made during the patent application process, it cannot be rectified after the patent is issued.
Furthermore, the MPEP adds: “A patent defective because of lack of a necessary deposit is necessarily fatally defective for failure to comply with the first paragraph of 35 U.S.C. 112. Reissue is not available in such cases.” This underscores the importance of making necessary biological deposits during the patent application process.
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