What is the difference between a replacement and supplemental deposit?

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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. While both replacement and supplemental deposits are mentioned in MPEP 2407 , they serve different purposes: Replacement deposit: This is made when the original deposit is no longer viable or available. It replaces the original deposit entirely. Supplemental deposit: This is made to add to or enhance the original deposit, without necessarily replacing it. The MPEP states: “A replacement or supplemental deposit made during the pendency of an application for patent may be made without a certificate of correction pursuant to 37 CFR 1.323.” This indicates that both types of deposits are treated similarly in terms of procedure, but their purposes differ. A supplemental deposit might be made to provide additional material or to ensure long-term viability, while a replacement deposit is necessary when the original is no longer suitable. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Replacement or Supplemental Deposit Required During Pendency MPEP 2407 Prohibited Replacement Deposit When Earlier One No Longer Viable MPEP 2407 Certificate of Correction Requirement for Deposit Replacement MPEP 2407 Prohibited Replacement Deposit Must Meet Original Deposit Requirements MPEP 2407 Prohibited Request for Certificate of Correction Must Be Prompt After Deposit MPEP 2407 Prohibited Supplemental Deposit During Pendency Permitted for Any Reason MPEP 2407 Permitted No Supplemental Deposit Required for Unnecessary Deposits MPEP 2407 Information Required for Certificate of Correction MPEP 2407.02 Required Supplemental Deposit When Earlier One Is Viable But Degraded MPEP 2407 No Replacement Deposit If Samples Cannot Be Furnished Outside Jurisdiction Due to National Security, Health,...