What is the significance of the phrase “corroboration of utility” in biological deposit requirements?
The phrase “corroboration of utility” is significant in biological deposit requirements as it relates to the enablement and utility aspects of a patent application. According to MPEP 2411.03:
“In such a case, the examiner will issue an Office action containing only a rejection under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, for ‘failure to enable’ and a statement that the rejection is not being made over the failure to make a deposit because applicant has stated that the deposit has been made and that all appropriate procedures have been followed.”
This implies that the biological deposit serves as a means to corroborate the utility of the invention by ensuring that the biological material is available to the public. It helps to demonstrate that the invention is capable of achieving its intended purpose, thereby supporting the enablement requirement under 35 U.S.C. 112.
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