Should patent term extension or potential litigation be considered when determining the term of deposit?

No, potential patent term extension or extended litigation should not be factored into the determination of the deposit term. The MPEP explicitly states:

The mere possibility of patent term extension or extended litigation involving the patent should not be considered in this analysis.

This guidance ensures that the term of deposit is based on the standard patent term and enforceable life, without speculating on potential extensions or legal proceedings. The focus should be on meeting the minimum requirements set forth in the regulations and ensuring availability of the biological material for the standard patent term plus the statute of limitations period.

To learn more:

• patent term extension
• litigation
• biological deposits
• term determination