How does a restriction requirement affect biological deposit obligations?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. A restriction requirement can impact biological deposit obligations in patent applications. The MPEP 2411.01 provides guidance on this situation: “In the event of a restriction requirement, all claims requiring a deposit must be limited to the elected subject matter that relates to the deposit.” This means that if a restriction requirement is made, and the applicant elects to prosecute claims related to a specific group or species, they must ensure that the biological deposit corresponds to the elected subject matter. Claims that require a deposit but are not related to the elected group may need to be withdrawn or canceled. It’s crucial for applicants to carefully consider their deposit strategy when faced with a restriction requirement to maintain compliance with 37 CFR 1.801-1.809 for the elected claims. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Examiner Must Determine If Deposit Is Needed and Acceptable for Patent Purposes MPEP 2411 Required Deposit Must Comply with Regulations MPEP 2411.01 Required Deposit Must Be Made for Patent Claims MPEP 2411 Prohibited Deposit Must Be Made Within Three Months to Avoid Abandonment MPEP 2411 Required Examiner Procedures for Addressing Deposit Issues MPEP 2411 Requirement for Deposit of Biological Material MPEP 2411.01 Recommended Requirement for Clear Biological Material Description MPEP 2411.01 Amendments Before Issue Fee Payment Required MPEP 2411 Required Requirement for Sufficient Written Description MPEP 2411.01 Claims Must Reflect Inventor’s View of Invention MPEP 2411.01 Other Related FAQs 5 FAQs Collapse How does the best mode requirement relate to biological deposits in patent applications? What are the re...