37 CFR § 1.806 — Term of deposit. (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.806 Term of deposit.
This page consolidates MPEP guidance interpreting 37 CFR § 1.806, including 18 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
The Term of deposit regulation establishes critical guidelines for documenting and preserving biological materials referenced in patent applications, ensuring scientific transparency and accessibility.
What this section covers
- Regulatory framework for handling biological material deposits in patent applications
- Scope of biological material documentation requirements for patent applicants
Key obligations
- Demonstrate biological material availability or make a compliant deposit
- Ensure deposits comply with patent regulations and depositary requirements
- Meet Budapest Treaty requirements for international biological material deposits
Conditions and exceptions
- Recognize that a deposit does not guarantee absolute biological material availability
Practice notes
- Understand requirements for third-party access to deposited biological materials
- Carefully document and track biological material deposits for patent application compliance
Official MPEP § 1.806 — Term of deposit.
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.806 Term of deposit.
A deposit made before or during pendency of an application for patent shall be made for a term of at least thirty (30) years and at least five (5) years after the most recent request for the furnishing of a sample of the deposit was received by the depository. In any case, samples must be stored under agreements that would make them available beyond the enforceable life of the patent for which the deposit was made.
[Added, 54 FR 34882, Aug. 22, 1989, effective Jan. 1, 1990]
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| MPEP Section | Rules |
|---|---|
| MPEP § 2404.01 | |
| MPEP § 2408 | |
| MPEP § 2411.01 |