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.“
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2405 - Acceptable Depository,
Patent Law,
Patent Procedure