What happens if I don’t properly respond to a biological material deposit rejection?

If you don’t properly respond to a rejection based on a biological material deposit issue, your application may be abandoned. The MPEP 2411.02 clearly states: “Other replies to such a rejection by the examiner shall be considered nonresponsive and may result in abandonment of the application.”

It’s crucial to address the rejection by either making the required deposit, providing a written assurance of future deposit, or arguing why a deposit is not necessary. Failing to do so can lead to the rejection being repeated and made final, after which the requirements of 37 CFR 1.116 will apply to further submissions.

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Topics: MPEP 2400 - Biotechnology, MPEP 2411.02 - Replies To Rejections Based On Deposit Issue, Patent Law, Patent Procedure
Tags: 37 cfr 1.116, final rejection, Nonresponsive Reply, Patent Application Abandonment