How does the USPTO handle requests for samples of biological materials?
The United States Patent and Trademark Office (USPTO) has specific procedures for handling requests for samples of biological materials. According to MPEP 2410:
“The Office will not serve as a go-between for persons seeking samples from a depository.”
Instead, the USPTO’s role is to:
- Provide certification to depositories that a request for a sample is proper
- Include specific wording in the patent document about the deposit
- Direct requesters to follow proper procedures outlined in the MPEP
Requesters must typically deal directly with the depository, following their specific procedures for obtaining samples. The USPTO’s certification ensures that the request is legitimate and complies with patent regulations.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2410 - Furnishing Of Samples,
Patent Law,
Patent Procedure