What exception is allowed regarding restrictions on deposited biological material?

The MPEP 2410.01 outlines one exception to the general rule of removing all restrictions on deposited biological material upon patent grant. This exception, as specified in 37 CFR 1.808(b), allows the depositor to contract with the depository to require that samples be furnished only if a request meets one or all of these conditions:

• The request is in writing or other tangible form and dated
• The request contains the name and address of the requesting party and the accession number of the deposit
• The request is communicated in writing by the depository to the depositor, including the date of sample furnishing and the recipient’s name and address

The MPEP emphasizes: It should be noted that this exception to the general rule that all restrictions will be removed must be strictly followed and that no variations of this explicit exception will be accepted as meeting the conditions of this section.

To learn more:

• biological material deposit
• restrictions
• exceptions
• sample requests