How does “supplement” differ from “replacement” in biological deposits?

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.

While “replacement” involves substituting one deposit for another, “supplement” refers to situations where the original deposit is still viable but has lost certain qualities. The MPEP explains:

“The term ‘supplement’ is directed to those situations where the earlier deposit is still viable in the sense that it is alive and capable of replication either directly or indirectly, but has lost a quality (e.g., purity, functionality) it allegedly possessed at the time the application was filed.”

Supplementation is used to address issues with the deposit’s quality rather than its viability.