When should the deposit of biological material be made in relation to paying the issue fee?
It’s crucial to make the deposit of biological material well before paying the issue fee. The MPEP 2411.03 advises:
“[A]pplicants need to make any necessary deposit of biological material well prior to payment of the issue fee such that the accession number is received with sufficient time remaining to amend the specification as required by 37 CFR 1.809(d) on or before the date the issue fee is paid.”
This timing is important because the amendment to add deposit information must be filed before or with the payment of the issue fee. Failing to do so could result in complications with the patent application.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2411.03 - Application In Condition For Allowance Except For Deposit,
Patent Law,
Patent Procedure