37 CFR § 1.808 — Furnishing of samples. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.808 Furnishing of samples.
Source: Patent Rule (37 CFR)BlueIron Update:
This page consolidates MPEP guidance interpreting 37 CFR § 1.808, including 17 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section provides detailed guidelines for ensuring that biological materials are known and readily available to the public, emphasizing critical obligations and potential pitfalls.
What this section covers
- Defines the scope of this section, which pertains to biological material that is known and readily available to the public.
- Identifies the core topic of this section, which is the furnishing and handling of samples for biological material that does not require a deposit under specific conditions.
Key obligations
- Primary requirement that practitioners must ensure samples are known and readily available to the public.
- Identifies that such samples cannot be relied upon for other purposes, like establishing deposit conditions.
- States the key compliance obligation that practitioners must not rely on such samples for deposit conditions.
Practice notes
- Provides a practical drafting tip to ensure that the sample is clearly described as known and readily available to the public.
- Warns against common pitfalls where practitioners might mistakenly rely on such samples for deposit conditions, leading to potential rejection.
Official MPEP § 1.808 — Furnishing of samples.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.808 Furnishing of samples.
- (a) A deposit must be made under conditions that
assure that:
- (1) Access to the deposit will be available during pendency of the patent application making reference to the deposit to one determined by the Director to be entitled thereto under § 1.14 and 35 U.S.C. 122 , and
- (2) Subject to paragraph (b) of this section, all restrictions imposed by the depositor on the availability to the public of the deposited material will be irrevocably removed upon the granting of the patent.
- (b) The depositor may contract with the depository to
require that samples of a deposited biological material shall be
furnished only if a request for a sample, during the term of the
patent:
- (1) Is in writing or other tangible form and dated;
- (2) Contains the name and address of the requesting party and the accession number of the deposit; and
- (3) Is communicated in writing by the depository to the depositor along with the date on which the sample was furnished and the name and address of the party to whom the sample was furnished.
- (c) Upon request made to the Office, the Office will
certify whether a deposit has been stated to have been made under
conditions which make it available to the public as of the issue
date of the patent grant provided the request contains:
- (1) The name and address of the depository;
- (2) The accession number given to the deposit;
- (3) The patent number and issue date of the patent referring to the deposit; and
- (4) The name and address of the requesting party.
[Added, 54 FR 34882, Aug. 22, 1989, effective Jan. 1, 199; para. (a)(1) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003]
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- Patent Issuance
| MPEP Section | Rules |
|---|---|
| MPEP § 2404.01 | |
| MPEP § 2410 | |
| MPEP § 2410.01 | |
| MPEP § 2411.01 |