How can a depository apply for recognition by the USPTO?

A depository seeking recognition by the USPTO must follow the procedure outlined in 37 CFR 1.803(b). The depository must send a communication to the Commissioner that includes:

  • The name and address of the depository
  • Detailed information about its capacity to comply with the requirements
  • A statement of intent to be available for deposits under the same conditions
  • Specification of any limitations on the types of biological materials it will accept
  • Information on fees for storage, viability statements, and sample furnishing

The MPEP notes: “An organization may be recognized as suitable by the Office if the procedure and conditions specified in 37 CFR 1.803(a)(2) and 37 CFR 1.803(b) are followed.

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Topics: MPEP 2400 - Biotechnology, MPEP 2405 - Acceptable Depository, Patent Law, Patent Procedure
Tags: Biological Material Storage, Depository Recognition, patent procedure, Uspto Application