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…
Read MoreWhat is the required term of deposit for biological materials in patent applications?
According to 37 CFR 1.806, the term of deposit for biological materials in patent applications must be: At least thirty (30) years from the date of deposit, and At least five (5) years after the most recent request for a sample was received by the depository. The MPEP states: A deposit made before or during…
Read MoreWhat is the purpose of the extended availability requirement for biological deposits?
The purpose of the extended availability requirement for biological deposits is to ensure public access to the deposited material after the patent expires. The MPEP explains: The purpose of the requirement is to ensure that a deposited biological material necessary for the practice of a patented invention would be available to the public after expiration…
Read MoreShould patent term extension or potential litigation be considered when determining the term of deposit?
No, potential patent term extension or extended litigation should not be factored into the determination of the deposit term. The MPEP explicitly states: The mere possibility of patent term extension or extended litigation involving the patent should not be considered in this analysis. This guidance ensures that the term of deposit is based on the…
Read MoreHow does the Budapest Treaty affect the term of deposit for biological materials?
The Budapest Treaty sets international standards for the deposit of biological materials for patent purposes. According to the MPEP, the term of deposit must satisfy the Budapest Treaty requirements, which are: At least 30 years from the date of deposit At least 5 years after the most recent request for a sample The MPEP states:…
Read MoreWhat happens if the 30-year term of deposit expires before the end of the patent’s enforceable life?
If the 30-year term of deposit would expire within the enforceable life of the patent, additional measures must be taken. The MPEP states: In the event that the 30-year term of deposit measured from the date of deposit would necessarily terminate within the period of enforceability of the patent (the patent term (see MPEP §…
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