What happens if a deposit becomes unavailable or contaminated?
If a biological deposit becomes unavailable or contaminated, the patent owner must take action to ensure continued public availability. According to MPEP 2407:
“A replacement or supplemental deposit made during the pendency of an application for patent may be made without a certificate of correction […] A replacement or supplemental deposit made in connection with a patent, whether or not made during the pendency of an application for reissue patent or a reexamination proceeding […] must be accompanied by a request for certificate of correction under 37 CFR 1.323 and 37 CFR 1.610(e) or, in the case of a reexamination proceeding, a proposed amendment under 37 CFR 1.530(d)(1).”
In other words, the patent owner must make a replacement or supplemental deposit and, if the patent has already been issued, request a certificate of correction to update the deposit information.
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