What happens if a deposit becomes contaminated or loses viability?
What happens if a deposit becomes contaminated or loses viability?
If a deposit becomes contaminated or loses viability, the patent owner is responsible for making a replacement deposit. The MPEP states:
“If the deposit has become contaminated or has lost its capability to function as described in the specification, it shall be replaced.”
This requirement is outlined in MPEP 2409. The patent owner must ensure that a viable sample of the biological material is available throughout the enforceable life of the patent.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2409 - Viability Of Deposit,
Patent Law,
Patent Procedure