What is required when depositing biological material after the filing date of a patent application?

When depositing biological material after the effective filing date of a patent application, the applicant must promptly submit a corroborating statement. According to MPEP 2406.02: “When the original deposit is made after the effective filing date of an application for patent, an applicant is required to promptly submit a statement from a person in a…

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Who can access deposited biological material during the pendency of a patent application?

According to MPEP 2410.01, access to deposited biological material during the pendency of a patent application is limited to those determined by the Commissioner to be entitled under specific regulations. The MPEP states: Access to the deposit will be available during pendency of the patent application making reference to the deposit to one determined by…

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What constitutes an acceptable written assurance for a future biological material deposit?

An acceptable written assurance for a future biological material deposit must clearly state that the deposit will be made within the required time and under conditions that satisfy the USPTO rules. The MPEP 2411.02 provides guidance on this: “The written assurance will be accepted by the Office if it clearly states that an acceptable deposit…

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