What information must be included in a viability statement for non-Budapest Treaty deposits?
For biological material deposits not made under the Budapest Treaty, a viability statement must be filed with the patent application. According to MPEP 2409 and 37 CFR 1.807(b), this statement must contain: The name and address of the depository The name and address of the depositor The date of deposit The identity of the deposit…
Read MoreWhat is the purpose of the viability statement in patent deposits?
What is the purpose of the viability statement in patent deposits? The viability statement in patent deposits serves to confirm that the deposited biological material is capable of self-replication, either directly or indirectly. According to MPEP 2409, “The term ‘viability’ is specifically defined in the regulations as ‘the capability of a biological material to self-replicate…
Read MoreWhat are the specific viability requirements for biological material deposits?
What are the specific viability requirements for biological material deposits? The viability requirements for biological material deposits are outlined in MPEP 2410.01. According to the manual: “The deposit of biological material must be viable at the time of deposit.” Additionally, the depositor must provide a viability statement at the time of making the deposit. The…
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