How does the USPTO determine if a depository is acceptable?

The United States Patent and Trademark Office (USPTO) has specific criteria for determining if a depository is acceptable for biological materials. According to MPEP 2405:

“The Commissioner may determine that a depository is acceptable if the depository:”

  • Maintains biological material viability for 30 years or 5 years after the most recent request, whichever is longer
  • Provides samples to authorized parties upon request
  • Collects and maintains depositor information
  • Accepts deposits without restriction
  • Provides written verification of deposits
  • Maintains confidentiality and security of deposits

These criteria ensure that the depository can reliably store and provide access to biological materials for patent purposes. The USPTO maintains a list of acceptable depositories that meet these requirements.

To learn more:

Topics: MPEP 2400 - Biotechnology, MPEP 2405 - Acceptable Depository, Patent Law, Patent Procedure
Tags: Acceptable Depository, Biological Materials, criteria, patent procedure, USPTO