Can I argue that a biological material deposit is not required for my 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, you can argue that a biological material deposit is not required for your specific patent application. The MPEP 2411.02 provides this option as one of the ways to respond to a rejection based on the absence of a biological material deposit:

“…applicant may reply… by submitting an argument of why a deposit is not required under the circumstances of the application being considered.”

However, it’s important to note that this argument must be convincing to the examiner. The MPEP further states:

“The rejection will be repeated and made final until the requirements of 37 CFR 1.809(b)(1) are satisfied or the examiner is convinced that a deposit is not required for the claimed subject matter.”

If you choose to argue against the need for a deposit, you should provide a thorough, well-reasoned explanation based on the specific circumstances of your invention and the relevant legal and scientific considerations.