Who can access deposited biological material during the pendency of a patent application?
According to MPEP 2410.01, access to deposited biological material during the pendency of a patent application is limited to those determined by the Commissioner to be entitled under specific regulations. The MPEP states:
Access to the deposit will be available during pendency of the patent application making reference to the deposit to one determined by the Commissioner to be entitled thereto under 37 CFR 1.14 and 35 U.S.C. 122
This means that access is restricted and controlled by the USPTO. Typically, this would include patent examiners and other authorized USPTO personnel involved in the examination process. Third parties would generally not have access during this period unless specifically authorized under the provisions of 37 CFR 1.14 and 35 U.S.C. 122, which govern the confidentiality of patent applications.
To learn more: