37 CFR 1.804 — Time of making an original deposit
Ninth Edition, Revision 01.2024
- (a) Whenever a biological material is specifically identified in an application for patent as filed, an original deposit thereof may be made at any time before filing the application for patent or, subject to § 1.809 , during pendency of the application for patent.
- (b) When the original deposit is made after the effective filing date of an application for patent, the applicant must promptly submit a statement from a person in a position to corroborate the fact, stating that the biological material which is deposited is a biological material specifically identified in the application as filed.
[Added, 54 FR 34881, Aug. 22, 1989, effective Jan. 1, 1990; para. (b) revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997]
Cited authority
Cited by
- 2163 Guidelines for the Examination of Patent Applications Under the 35 U.S.C. 112(a) or Pre-AIA 35 U.S.C. 112, first paragraph, “Written Description” Requirement
- 2406 Time of Making an Original Deposit
- 2406.01 Description in Application Specification
- 2407 Replacement or Supplement of Deposit
- 2407.01 In a Pending Application
- 37 CFR 1.805 Replacement or supplement of deposit