What are the specific conditions for exemption from replacement deposits?

According to MPEP 2407.05, there are specific conditions under which a depository may be exempted from providing replacement deposits of biological materials. The MPEP states:

“The conditions are specified in this paragraph as being limited to national security, health or environmental safety reasons.”

These conditions can be broken down as follows:

  • National security concerns
  • Health-related issues
  • Environmental safety considerations

If any of these conditions apply, the depository may be exempt from the requirement to furnish samples to requesters outside its jurisdiction without needing to provide a replacement deposit. This provision balances the need for access to biological materials for patent purposes with important safety and security considerations.

To learn more:

Topics: MPEP 2400 - Biotechnology, MPEP 2407.05 - Exemption From Replacement, Patent Law, Patent Procedure
Tags: Biological Deposits, Environmental Safety, Exemption Conditions, Health, national security