How does a restriction requirement affect biological deposit obligations?
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 Claims that require a deposit but are not related to the elected group may need to be withdrawn or canceled.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.
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