What happens if a depository cannot furnish samples due to jurisdictional restrictions?
When a depository is unable to furnish samples of biological materials to requesters outside its jurisdiction due to certain restrictions, it may be exempt from the requirement to provide a replacement deposit. According to MPEP 2407.05:
“The provisions of 37 CFR 1.805(h) indicate that a replacement deposit is not required even though the depository cannot furnish samples, under certain conditions, to those requesting a sample outside of the jurisdiction where the depository is located.”
This means that if the inability to furnish samples is due to national security, health, or environmental safety reasons, the depository is not obligated to provide a replacement deposit. This provision recognizes that there may be legitimate reasons for restricting the distribution of certain biological materials across jurisdictions while still maintaining the integrity of the patent system.
To learn more: