Do applicants need to specify the term of deposit if it’s made under the Budapest Treaty?

Yes, applicants need to specify the term of deposit even if it’s made under the Budapest Treaty. The MPEP clearly states:

Unless applicant indicates that the deposit has been made under the Budapest Treaty, applicant must indicate the term for which the deposit has been made.

This means that if the deposit is not explicitly stated to be under the Budapest Treaty, the applicant must provide information about the term of deposit. Even for Budapest Treaty deposits, it’s advisable to clearly state the term to avoid any potential issues or misunderstandings during the examination process.

To learn more:

• Budapest Treaty
• biological deposits
• patent application requirements
• term specification