When does a biological material deposit need to be made?

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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. According to MPEP 2411.02 , a biological material deposit must be made on or before the date of payment of the issue fee, unless it has been made earlier in the application process. The MPEP states: “…applicant may reply, pursuant to 37 CFR 1.809(b)(1) , by either making an acceptable original, replacement, or supplemental deposit in accordance with these regulations, or assuring the Office in writing that an acceptable deposit will be made on or before the date of payment of the issue fee…” If you provide a written assurance, you must follow through and make the deposit by the specified deadline. Failure to do so could result in the rejection being reinstated or other complications in the patent process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Written Assurance for Biological Material Deposit MPEP 2411.02 Recommended Requirement for Deposit of Biological Material MPEP 2411.02 Required Deposit Must Be Made or Assured MPEP 2411.02 Required Examiner Must Determine If Deposit Is Needed and Acceptable for Patent Purposes MPEP 2411 Required Requirement for Written Assurance of Deposit MPEP 2411.02 Required Nonresponsive Replies May Result in Abandonment MPEP 2411.02 Required Deposit Must Be Made for Patent Claims MPEP 2411 Prohibited Amendments Before Issue Fee Payment Required MPEP 2411 Required Deposit Must Be Made Within Three Months to Avoid Abandonment MPEP 2411 Required Examiner Procedures for Addressing Deposit Issues MPEP 2411 Other Related FAQs 5 FAQs Collapse What constitutes an acceptable written assurance for a future biological material deposit? Can I argue that a biological material deposit is not required for my patent application? What happens...