What happens if the 30-year term of deposit expires before the end of the patent’s enforceable life?
If the 30-year term of deposit would expire within the enforceable life of the patent, additional measures must be taken. The MPEP states:
In the event that the 30-year term of deposit measured from the date of deposit would necessarily terminate within the period of enforceability of the patent (the patent term (see MPEP § 2701) plus 6 years to include the Statute of Limitations), samples must be stored under agreements that would make them available beyond the enforceable life of the patent for which the deposit was made.
This means that applicants must ensure that the biological material remains available even if the standard 30-year term would end before the patent’s enforceability expires. This may require special agreements with the depository to extend the storage period.
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