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.

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22