Can I make a biological material deposit after receiving a Notice of Allowance?
Yes, you can make a biological material deposit after receiving a Notice of Allowance, but there are specific requirements and time constraints. According to MPEP 2406:
“Where a deposit is needed to satisfy the requirements of 35 U.S.C. 112 and it is made during the pendency of the application, it must be made no later than the time period set by the examiner at the time the Notice of Allowance and Issue Fee Due is mailed.”
However, if you haven’t made the deposit by the time you receive the Notice of Allowance, you can provide a written assurance to the USPTO. The MPEP states:
“A necessary deposit need not be made by an applicant until the application is in condition for allowance so long as the applicant provides a written assurance that an acceptable deposit will be made on or before the payment of the issue fee.”
This written assurance must provide detailed information to convince the examiner that there are no outstanding issues regarding the deposit.
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