Can an applicant request an extension for making a biological deposit?
Yes, an applicant can request an extension for making a biological deposit. The MPEP 2411.03 states:
“If the biological deposit is not made within the required period, and applicant has not filed a petition requesting an extension of time or otherwise justified the delay, the examiner will issue an Office action making the rejection final…”
This implies that applicants can file a petition requesting an extension of time or provide justification for the delay. However, it’s important to note that such requests are subject to the discretion of the USPTO and should be made with valid reasons for the delay.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2411.03 - Application In Condition For Allowance Except For Deposit,
Patent Law,
Patent Procedure