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2406 Time of Making an Original Deposit

MPEP SECTION SUMMARY This section covers the time for making an original deposit. It is recommended that a deposit be made to an acceptable depository before the filing date of the application (but, it can be made any time during the pendency of the application). This section covers further details on the time for making a deposit.

A deposit can be made after the application is in condition for allowance provided the applicant includes a written assurance that an acceptable deposit will be made on or before the payment of the issue fee.

The biological material that is deposited must be identified in the application.

If the deposit is made after the filing date of an application, the applicant must submit a statement from a person in a position to corroborate that the biological material is the material identified in the application.

• Not all countries will allow the material to be deposited after the filing date of the application, therefore, the filing date in a foreign country may be later than the filing date in the U.S.

Note that while 37 CFR 1.804 permits making a deposit after the filing date of an application, in many countries the deposit must be made before the filing date of the application.

 

» 2407 Replacement or supplement of deposit