Is there a difference in replacing deposits during patent application versus after grant?

Yes, there is a difference in the flexibility allowed for replacing deposits during the patent application process compared to after the patent has been granted. The MPEP notes:

“An applicant may have greater latitude in replacing a deposit during the pendency of an application than after the patent is granted.”

This suggests that applicants have more flexibility to replace deposits while the application is still under review. After the patent is granted, the process may be more restrictive to ensure the integrity of the patented invention.

To learn more:

• Biological Deposits
• Patent Application
• Biotechnology
• Replacement Deposit
• Patent Grant