Do applicants need to specify the term of deposit if it’s made under the Budapest Treaty?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. Yes, applicants need to specify the term of deposit even if it’s made under the Budapest Treaty. The MPEP clearly states: Unless applicant indicates that the deposit has been made under the Budapest Treaty, applicant must indicate the term for which the deposit has been made. This means that if the deposit is not explicitly stated to be under the Budapest Treaty, the applicant must provide information about the term of deposit. Even for Budapest Treaty deposits, it’s advisable to clearly state the term to avoid any potential issues or misunderstandings during the examination process. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Deposit Term Must Be Indicated MPEP 2408 Required Deposit Must Meet Budapest Treaty Requirements MPEP 2408 Required Deposit Must Comply with 37 CFR 1.806 MPEP 2408 Required Deposit Term Covers Patent Plus Limitations MPEP 2408 Deposit Must Be Kept for At Least Thirty Years and Five Years After Sample Request MPEP 2408 Required Samples Must Be Available Beyond Patent Life MPEP 2408 Required Deposit Must Be Available Beyond Patent Life If Termination Within 30 Years MPEP 2408 Required Samples Must Be Stored Beyond Patent Life MPEP 2408 Required Deposit Must Be Available After Patent Expiration MPEP 2408 Deposit Term Must Cover Patent Life MPEP 2408 Recommended Other Related FAQs 5 FAQs Collapse What happens if the 30-year term of deposit expires before the end of the patent&#8217;s enforceable life? How does the Budapest Treaty affect the term of deposit for biological materials? Should patent term extension or potential litigation be considered when determining the term of deposit? What is the purpose of the extended availability requir...