Can an applicant make a replacement deposit during the patent application process?
Yes, an applicant can make a replacement deposit during the patent application process. The Manual of Patent Examining Procedure (MPEP) 2407.04 explicitly states:
“An applicant for patent may make a replacement deposit during the pendency of the application for any reason.”
This provision allows applicants flexibility in managing their biological material deposits. It’s important to note that the replacement deposit is subject to the same conditions as the original deposit, as outlined in 37 CFR 1.809.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2407.04 - Treatment Of Replacement,
Patent Law,
Patent Procedure