What is the role of the Budapest Treaty in biological material deposits for patents?

The Budapest Treaty plays a significant role in the international recognition of biological material deposits for patent purposes. As stated in MPEP 2405: “A deposit made in a depository which is not recognized as acceptable under 35 U.S.C. 1.803 may be acceptable for patent purposes if the depository becomes recognized as acceptable under 35 U.S.C.…

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How can a depository apply for recognition by the USPTO?

A depository seeking recognition by the USPTO must follow the procedure outlined in 37 CFR 1.803(b). The depository must send a communication to the Commissioner that includes: The name and address of the depository Detailed information about its capacity to comply with the requirements A statement of intent to be available for deposits under the…

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