MPEP 2407.05
Exemption From Replacement
Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020
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2407.05 Exemption From Replacement [R-08.2012]
The provisions of 37 CFR 1.805(h) indicate that a replacement deposit is not required even though the depository cannot furnish samples, under certain conditions, to those requesting a sample outside of the jurisdiction where the depository is located. The conditions are specified in this paragraph as being limited to national security, health or environmental safety reasons. See also Article 5 of the Budapest Treaty.