What are the requirements for a depository to be recognized as suitable by the USPTO?
For a depository to be recognized as suitable by the USPTO, it must meet several requirements as outlined in 37 CFR 1.803(a). These include:
- Having a continuous existence
- Existing independently of the depositor’s control
- Possessing sufficient staff and facilities for examination and storage
- Providing safety measures to minimize the risk of losing biological material
- Being impartial and objective
- Furnishing samples in an expeditious and proper manner
- Promptly notifying depositors of any inability to furnish samples
The MPEP states: “Suitability will be judged by the Commissioner, based on need and the information supplied by the organization seeking status, and information obtained from other sources that may be consulted.“
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2405 - Acceptable Depository,
Patent Law,
Patent Procedure