What are the deposit rules mentioned in the MPEP?
The deposit rules referred to in the MPEP are a set of regulations that govern the procedures and conditions for depositing biological materials for patent purposes. Specifically, the MPEP states:
“The deposit rules (37 CFR 1.801 – 1.809) set forth examining procedures and conditions of deposit which must be satisfied in the event a deposit is required.“
These rules cover various aspects of the deposit process, including:
- Definitions of biological material
- Criteria for acceptable depositories
- Requirements for making a deposit
- Conditions for accessing deposited material
- Certification of deposits
It’s important to note that these rules focus on the procedural aspects of deposits: “The rules do not address the substantive issue of whether a deposit is required under any particular set of facts.” This means that the necessity of a deposit is determined on a case-by-case basis, depending on the specific invention and its description in the patent application.
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