What is the process for replacing or supplementing a biological deposit?
The process for replacing or supplementing a biological deposit is outlined in MPEP 2407. It involves the following steps:
- The applicant must submit a request to the USPTO to replace or supplement the deposit.
- A statement by the applicant that the replacement or supplemental deposit is of a biological material which is specifically identified in the application as filed.
- A statement that the deposit meets the requirements of 37 CFR 1.801-1.809.
- A statement that all restrictions on availability will be removed upon granting of the patent.
The MPEP states, “A replacement or supplemental deposit made in connection with an application for patent must be made before the patent issues.” This ensures that the deposit is available for public access upon patent issuance.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2407 - Replacement Or Supplement Of Deposit,
Patent Law,
Patent Procedure