What is the time limit for submitting a biological deposit after filing a patent application?

According to MPEP 2407.01, the time limit for submitting a biological deposit after filing a patent application is as follows:

“[A] deposit shall be made not later than the issue fee due date, or at such time that the patent application is otherwise in condition for allowance.”

This means that applicants have until the issue fee is due or when the application is ready for allowance, whichever comes first, to make the required biological deposit. It’s important to note that this timing requirement ensures that the deposit is available to the public upon patent grant.

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Topics: MPEP 2400 - Biotechnology, MPEP 2407.01 - In A Pending Application, Patent Law, Patent Procedure
Tags: allowance, Biological Deposit, issue fee, time limit