Can a biological deposit be made after the filing date of a patent application?

This page is an FAQ based on guidance 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.

Yes, a biological deposit can be made after the filing date of a patent application. The MPEP 2407.01 states:

“[T]he deposit of biological material that is specifically identified in the application as filed need not be made until the application is in condition for allowance as long as the deposit is made pursuant to the requirements of 37 CFR 1.809(c).”

However, it’s important to note that:

• The biological material must be specifically identified in the application as filed.
• The deposit must be made before the application is in condition for allowance.
• The deposit must comply with the requirements of 37 CFR 1.809(c).

Making a deposit after the filing date can be advantageous if the applicant wants to delay the costs associated with the deposit until it’s clear that the application will be allowed.