What are the consequences of failing to replace a biological deposit promptly?

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.

Failing to replace a biological deposit promptly can have serious consequences for a patent. The MPEP states: “Failure to diligently replace the deposit and promptly thereafter request a certificate of correction which meets the terms of 37 CFR 1.805(b) and 37 CFR 1.805(c) will cause the patent involved to be treated in any Office proceeding as if no deposit were made.” This means that if a patent owner doesn’t act quickly to replace an unavailable deposit and correct the patent, the USPTO will consider the patent as if it never had a biological deposit, potentially invalidating claims that rely on the deposit.