When should the deposit of biological material be made in relation to paying the issue fee?

It’s crucial to make the deposit of biological material well before paying the issue fee. The MPEP 2411.03 advises: “[A]pplicants need to make any necessary deposit of biological material well prior to payment of the issue fee such that the accession number is received with sufficient time remaining to amend the specification as required by…

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How does the USPTO handle enablement for microorganisms in patent applications?

The USPTO has specific guidelines for handling enablement issues related to microorganisms in patent applications. According to MPEP 2164.06(a): Patent applications involving living biological products, such as microorganisms, as critical elements in the process of making the invention, present a unique question with regard to availability. The MPEP cites the case of In re Argoudelis,…

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What are the consequences of failing to make a required deposit within the specified time?

Failing to make a required deposit within the specified time can have serious consequences for a patent application. According to MPEP 2411.03: “Failure to make the needed deposit in accordance with this requirement will be considered a failure to prosecute the application under 35 U.S.C. 133 and result in abandonment of the application.” This means…

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What are the requirements for furnishing samples under the Budapest Treaty?

Under the Budapest Treaty, depositories are required to furnish samples of deposited biological materials under certain conditions. According to MPEP 2410: “For a depository to be recognized under the Budapest Treaty, it must be able to furnish samples of deposited biological material to authorized parties.” The specific requirements include: Providing samples to industrial property offices…

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What is an acceptable depository for biological materials in patent applications?

An acceptable depository for biological materials in patent applications can be either: An International Depositary Authority (IDA) established under the Budapest Treaty, or A depository recognized as suitable by the USPTO Commissioner As stated in MPEP 2405: “37 CFR 1.803 indicates that a depository will be recognized as acceptable for the purposes of these regulations…

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