How does the USPTO ensure public access to deposited biological materials?

The USPTO ensures public access to deposited biological materials through specific requirements outlined in MPEP 2410.01. These include:

• Requiring that all restrictions on access be irrevocably removed upon patent grant.
• Ensuring the deposit is made in a recognized facility.
• Mandating that the deposit be available to the public upon patent issuance.

The MPEP states: “All restrictions imposed by the depositor on the availability to the public of the deposited material will be irrevocably removed upon the granting of the patent.” This requirement is crucial for ensuring that the public can benefit from the disclosed invention once the patent is granted.

To learn more:

• public access
• biological materials
• patent grant
• deposit restrictions