What are the specific conditions for biological material deposits under 37 CFR 1.801-1.809?

The specific conditions for biological material deposits under 37 CFR 1.801-1.809 include:

• The deposit must be made in a recognized deposit facility.
• The deposit must be viable at the time of deposit.
• The deposit must be available to the public upon issuance of a patent.
• All restrictions on access to the deposit will be irrevocably removed upon granting of the patent.

As stated in MPEP 2410.01: “The deposit of biological material to comply with the requirements of 35 U.S.C. 112 must be made under conditions that assure that: (A) Access to the deposit will be available during pendency of the patent application making reference to the deposit to one determined by the Director to be entitled thereto under 37 CFR 1.14 and 35 U.S.C. 122, and (B) Subject to paragraph (b) of this section, 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.”

To learn more:

• biological material deposit
• patent application
• deposit conditions
• public availability