What is the significance of a Budapest Treaty deposit for biological materials in patent applications?

A Budapest Treaty deposit can be significant for biological materials in patent applications, but it doesn’t automatically ensure that the material is considered known and readily available. According to MPEP 2404.01: “Even a deposit made under the Budapest Treaty and referenced in a United States or foreign patent document would not necessarily meet the test…

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What is the “Bayer” rule for determining public accessibility of printed publications?

The “Bayer” rule, established in In re Bayer, 568 F.2d 1357, 196 USPQ 670 (CCPA 1978), is a guideline for determining public accessibility of printed publications. According to MPEP 2128: “A reference will be considered publicly accessible if it was disseminated or otherwise made available to the extent that persons interested and ordinarily skilled in…

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