What are the requirements for making a replacement or supplemental biological deposit?
When making a replacement or supplemental biological deposit, the following requirements must be met:
- The deposit must meet all the requirements for making an original deposit.
- It must be necessary to satisfy the requirements for patentability under 35 U.S.C. 112.
- The biological material must be specifically identified and described in the application as filed.
- The conditions in 37 CFR 1.802(b) and 37 CFR 1.804(b) must be satisfied.
According to MPEP 2407.01:
“A replacement or supplemental deposit will be accepted if it meets all the requirements for making an original deposit.”
The examiner will determine on a case-by-case basis whether the new deposit meets the requirements of 35 U.S.C. 112 with respect to the claimed subject matter.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2407.01 - In A Pending Application,
Patent Law,
Patent Procedure