What happens if a biological deposit is not made within the required time period?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. If a biological deposit is not made within the required time period, the application may be abandoned. According to MPEP 2411.03 : “If the biological deposit is not made within the required period, and applicant has not filed a petition requesting an extension of time or otherwise justified the delay, the examiner will issue an Office action making the rejection final and include a statement that the rejection under 35 U.S.C. 112 is not being made because the biological deposit has not been made.” The examiner will then reject the application under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as lacking enablement. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Deposit Must Be Made Within Three Months to Avoid Abandonment MPEP 2411 Required Deposit Must Be Made Within Three Months of Allowability Notice MPEP 2411.03 Required Deposit Must Be Made Within Three Months MPEP 2411.03 Examiner Must Determine If Deposit Is Needed and Acceptable for Patent Purposes MPEP 2411 Required Arguing Against Deposit Requirement MPEP 2411 Recommended Deposit Requirement Time Period Not Extensible MPEP 2411 Requirement for Responding to Patent Office Action MPEP 2411 Required Deposit Required Until Examiner Agrees MPEP 2411 Other Replies Considered Nonresponsive MPEP 2411 Required Patent Application May Reference Biological Material Deposit MPEP 2404 Permitted Other Related FAQs 5 FAQs Collapse How should information about the deposit be added to the patent specification? What are the consequences of failing to make a required deposit within the specified time? What is the significance of the phrase &#8220;corroboration of utility&#8221; in biological deposit requir...