How long must a biological deposit remain viable for patent purposes?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. A biological deposit must remain viable for the entire enforceable life of the patent. According to MPEP 2409 : “A deposit made before the application is filed must be maintained in a viable and uncontaminated condition for a period of at least thirty (30) years after the date of deposit or for the enforceable life of the patent, whichever is longer.” This requirement ensures that the deposited material is available for the full term of patent protection, allowing for potential reproduction or verification of the invention. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Depository May Test Viability of Deposited Material MPEP 2409 Permitted Requirement for Viable Biological Deposit MPEP 2409 Viability Statement for Biological Deposit Must Include Reproduction Capability MPEP 2409 Deposit Must Be Viable During Term of Deposit MPEP 2409 Required Deposit Must Be Viable During Term MPEP 2409 Required Deposit Viability Must Be Confirmed MPEP 2409 Viability Statement Requirement for Non-Budapest Treaty Deposits MPEP 2409 Required Viability Statement for Non-Budapest Treaty Deposits Required MPEP 2409 Required Deposit Must Be Tested for Viability MPEP 2409 Recommended Deposit Must Be Tested for Viability MPEP 2409 Other Related FAQs 5 FAQs Collapse What happens if a deposit becomes contaminated or loses viability? Who is responsible for maintaining the viability of a biological deposit? What are the requirements for testing biological deposit viability? How does the Budapest Treaty affect the viability requirement for biological deposits? What happens if a viability test indicates that a biological deposit is not viable?