What is a patent owner’s obligation regarding biological deposits after a patent has issued?

A patent owner has a specific obligation regarding biological deposits after a patent has issued. According to MPEP 2407.02, “A patent owner is required to notify the Office when it obtains information that a depository possessing a deposit referenced in a patent cannot furnish samples of the deposit.” This means that patent owners must actively monitor the status of their biological deposits and inform the USPTO if there are any issues with sample availability.

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Topics: MPEP 2400 - Biotechnology, MPEP 2407.02 - After A Patent Has Issued, Patent Law, Patent Procedure
Tags: Biological Deposits, Patent Maintenance, Sample Availability, USPTO notification