What is the difference between a replacement and supplemental deposit?
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.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2407 - Replacement Or Supplement Of Deposit,
Patent Law,
Patent Procedure