What is a replacement deposit in patent law?

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.

A replacement deposit in patent law refers to a new deposit of biological material made to replace an original deposit. This is often done during the pendency of a patent application. According to MPEP 2407.04, “An applicant for patent may make a replacement deposit during the pendency of the application for any reason.”

The purpose of a replacement deposit is to ensure that the biological material referenced in a patent application remains accessible and viable for future examination or use.