What does “replacement” mean in the context of biological material 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.

In the context of biological material deposits, “replacement” refers to situations where one deposit is being substituted for another. The MPEP states:

“The term ‘replacement’ is directed to those situations where one deposit is being substituted for another. Replacement will typically take place where the earlier deposit is no longer viable.”

This usually occurs when the original deposit is no longer viable or capable of replication.