How does the USPTO determine if a depository is acceptable?
The United States Patent and Trademark Office (USPTO) has specific criteria for determining if a depository is acceptable for biological materials. According to MPEP 2405:
“The Commissioner may determine that a depository is acceptable if the depository:”
- Maintains biological material viability for 30 years or 5 years after the most recent request, whichever is longer
- Provides samples to authorized parties upon request
- Collects and maintains depositor information
- Accepts deposits without restriction
- Provides written verification of deposits
- Maintains confidentiality and security of deposits
These criteria ensure that the depository can reliably store and provide access to biological materials for patent purposes. The USPTO maintains a list of acceptable depositories that meet these requirements.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2405 - Acceptable Depository,
Patent Law,
Patent Procedure