What is a “written assurance” in the context of patent deposits?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. A “written assurance” in the context of patent deposits is a statement provided by the applicant indicating that an acceptable deposit will be made. The MPEP 2411.03 mentions: “[I]n the event that an application for patent is otherwise in condition for allowance except for a required deposit and the Office has received a written assurance that an acceptable deposit will be made, the Office may notify the applicant in a notice of allowability…” This written assurance allows the USPTO to proceed with the allowance process while giving the applicant time to make the actual deposit. It’s an important step in the patent application process for inventions involving biological materials. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Deposit Must Be Made Within Three Months of Allowability Notice MPEP 2411.03 Required Deposit Must Be Made Within Three Months to Avoid Abandonment MPEP 2411 Required Deposit Must Be Made Within Three Months MPEP 2411.03 Deposit Must Be Made for Patent Claims MPEP 2411 Prohibited Deposit of Biological Material Before Issue Fee Payment MPEP 2411.03 Required Examiner Must Determine If Deposit Is Needed and Acceptable for Patent Purposes MPEP 2411 Required Requirement for Responding to Patent Office Action MPEP 2411 Required Arguing Against Deposit Requirement MPEP 2411 Recommended Deposit Requirement Time Period Not Extensible MPEP 2411 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 happens if a biolo...