Can a patent be invalidated if the biological deposit becomes non-viable?
Can a patent be invalidated if the biological deposit becomes non-viable? While the MPEP does not explicitly state that a patent will be invalidated if a biological deposit becomes non-viable, it does emphasize the importance of maintaining viability. MPEP 2409 states: “Failure to maintain a deposit in a viable and uncontaminated condition may result in…
Read MoreHow long must a biological deposit remain viable for patent purposes?
How long must a biological deposit remain viable for patent purposes? A biological deposit must remain viable for the entire enforceable life of the patent. According to MPEP 2409: “A deposit made before the application is filed must be maintained in a viable and uncontaminated condition for a period of at least thirty (30) years…
Read MoreWhat happens if a deposit becomes contaminated or loses viability?
What happens if a deposit becomes contaminated or loses viability? If a deposit becomes contaminated or loses viability, the patent owner is responsible for making a replacement deposit. The MPEP states: “If the deposit has become contaminated or has lost its capability to function as described in the specification, it shall be replaced.” This requirement…
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