Can a patent be invalidated if the biological deposit becomes non-viable?

Can a patent be invalidated if the biological deposit becomes non-viable?

While the MPEP does not explicitly state that a patent will be invalidated if a biological deposit becomes non-viable, it does emphasize the importance of maintaining viability. MPEP 2409 states:

“Failure to maintain a deposit in a viable and uncontaminated condition may result in the patent being inoperable or not enabled.”

This suggests that if a deposit becomes non-viable and is not promptly replaced, it could potentially lead to challenges to the patent’s validity on grounds of enablement or operability. Patent owners should take care to monitor and maintain the viability of their deposits to avoid such risks.

To learn more:

• patent validity
• deposit viability
• enablement
• operability