When might an applicant need to replace a biological deposit?

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.

An applicant might need to replace a biological deposit when the original deposit is no longer viable. According to the MPEP, “Replacement will typically take place where the earlier deposit is no longer viable.” This could occur if the deposited material has degraded, lost its ability to replicate, or become contaminated to the point where it no longer represents the biological material described in the patent application.