MPEP § 2410 — Furnishing of Samples (Annotated Rules)
§2410 Furnishing of Samples
USPTO MPEP version: BlueIron's Update: 2025-12-31
This page consolidates and annotates all enforceable requirements under MPEP § 2410, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Furnishing of Samples
This section addresses Furnishing of Samples. Primary authority: 37 CFR 1.808. Contains: 2 requirements and 3 other statements.
Key Rules
Topic
Deposit of Biological Materials
2 rules
StatutoryInformativeAlways
[mpep-2410-356cced3564c997b97bee2cd]
Deposit Restrictions Must Be Removed Upon Patent Grant
Note:
All restrictions imposed by the depositor on the availability of deposited material must be removed once a patent is granted.
(a) A deposit must be made under conditions that assure that:
…
(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.
Jump to MPEP Source · 37 CFR 1.808Deposit of Biological MaterialsAccess to Deposited Material
StatutoryRequiredAlways
[mpep-2410-5f6ab76e41e77df78cfdbea5]
Requirement for Sample Request During Patent Term
Note:
The depositor must contract with the depository to provide samples of deposited biological materials only upon a written request during the patent term, which includes providing the requesting party's name and address, the deposit accession number, and the sample details.
(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.
Jump to MPEP Source · 37 CFR 1.808Deposit of Biological MaterialsDeposit Identification in ApplicationReference to Deposit in Specification
Topic
Access to Deposited Material
1 rules
StatutoryRequiredAlways
[mpep-2410-4a41b6becd26c75141daf00d]
Deposit Must Be Available During Pendency and Post-Grant
Note:
A deposit must be accessible to authorized parties during the patent application process and have all restrictions removed upon patent grant.
(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 Commissioner 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.
Jump to MPEP Source · 37 CFR 1.808Access to Deposited MaterialAccess During Application PendencyDeposit of Biological Materials
Topic
PTAB Contested Case Procedures
1 rules
StatutoryInformativeAlways
[mpep-2410-439186741011c36ec1d69901]
Notification Required for Sample Filing During Patent Term
Note:
Depository must notify depositor in writing when a sample is furnished, including the date and recipient's details.
(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:
…
(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.
Jump to MPEP Source · 37 CFR 1.808PTAB Contested Case ProceduresAccess to Deposited MaterialDeposit of Biological Materials
Topic
Patent Grant and Document Format
1 rules
StatutoryInformativeAlways
[mpep-2410-5c7291beb4b9b1f3523da06a]
Certification of Deposit Availability Upon Patent Grant
Note:
The Office will certify if a deposit was made under conditions making it available to the public as of the patent grant issue date, provided specific information is included in the request.
(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.
Jump to MPEP Source · 37 CFR 1.808Patent Grant and Document FormatPatent Issue and PublicationPatent Numbering
Citations
| Primary topic | Citation |
|---|---|
| Access to Deposited Material | 35 U.S.C. § 122 |
| Access to Deposited Material | 37 CFR § 1.14 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 2410 — Furnishing of Samples
Source: USPTO2410 Furnishing of Samples [R-08.2012]
37 CFR 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 Commissioner 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.