What are the requirements for a replacement deposit in patent applications?

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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. According to MPEP 2407.04 , the requirements for a replacement deposit are not more stringent than those for the original deposit. The section states: “The provisions of 37 CFR 1.805(f) recognize that since an original deposit may be made during the pendency of the application subject to the conditions of 37 CFR 1.809, a replacement deposit logically cannot be held to any higher standard or any further requirements.” This means that replacement deposits must meet the same conditions as original deposits, which are outlined in 37 CFR 1.809 . These conditions typically include viability of the biological material and accessibility to the public upon patent grant. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Replacement Deposit Must Meet Original Deposit Requirements MPEP 2407 Prohibited Replacement Deposit Cannot Exceed Original Deposit Standards MPEP 2407.04 Prohibited Patent Application May Replace Deposit During Pendency MPEP 2407.04 Permitted Replacement Deposit When Earlier One No Longer Viable MPEP 2407 Notification Required When Deposit Cannot Be Furnished MPEP 2407.01 Prohibited No Replacement Deposit If Samples Cannot Be Furnished Outside Jurisdiction Due to National Security, Health, or Environmental Safety Reasons MPEP 2407.05 Prohibited Supplemental Deposit During Pendency Permitted for Any Reason MPEP 2407 Permitted Procedures for Post-Issuance Biological Deposit Corrections MPEP 2407.02 Permitted Deposit Requirements for Biological Material MPEP 2402 Required Deposit Must Be Made According to Regulations MPEP 2404 Required Other Related FAQs 5 FAQs Collapse What is the rebuttable presumption of identity in patent law? What is a replacement deposit...