How can a patent owner correct information about a replacement or supplemental biological deposit?
How can a patent owner correct information about a replacement or supplemental biological deposit?
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.
To correct information about a replacement or supplemental biological deposit, a patent owner must request a certificate of correction. The MPEP specifies: “A replacement or supplemental deposit made in connection with a patent, whether or not made during the pendency of an application for reissue patent or a reexamination proceeding or both, shall not be accepted unless a certificate of correction under 37 CFR 1.323 is requested which meets the terms of 37 CFR 1.805(b) and 37 CFR 1.805(c) for replacement or supplemental deposits.” This process ensures that the patent accurately reflects the current status of the biological deposit.