What is the Lundak case and how does it affect biological deposits for patents?
The Lundak case (In re Lundak, 773 F.2d 1216, 227 USPQ 90 (Fed. Cir. 1985)) is a significant legal precedent in patent law regarding biological deposits. According to MPEP 2406.01: “The United States Court of Appeals for the Federal Circuit held that the requirements of access by the Office to a sample of the cell…
Read MoreWhen should a biological material deposit be made for a patent application?
According to MPEP 2406.01, the timing of a biological material deposit is specified in 37 CFR 1.804(a). The MPEP states: “37 CFR 1.804(a) specifies not only a permissible time frame for making an original deposit, but also specifies that the biological material deposited must be specifically identified in the application for patent as filed.“ This…
Read MoreCan deposit information be added to a patent application after filing?
Yes, deposit information can be added to a patent application after filing, but under specific conditions. According to MPEP 2406.01, which cites the Lundak case: “The Court further held that the addition of information designating the depository, accession number, and deposit date of the deposited cell line in ATCC after the filing date did not…
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