How does commercial availability affect the need for biological deposits?
Commercial availability of biological materials can significantly affect the need for making or replacing deposits in patent applications. According to MPEP 2407.03:
“For example, a replacement deposit would not be required under the circumstances where access to the necessary biological material was established through commercial suppliers.”
This statement indicates that if the biological material described in a patent application is commercially available, it may not be necessary to make or replace a deposit. The rationale behind this is that commercial availability ensures public access to the material, which is one of the primary purposes of the deposit requirement.
However, it’s important to note that relying on commercial availability should be carefully considered, as the continued availability of the material throughout the life of the patent must be ensured to maintain compliance with 35 U.S.C. 112 requirements.
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