How long must a biological deposit remain viable for patent purposes?
How long must a biological deposit remain viable for patent purposes?
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.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2409 - Viability Of Deposit,
Patent Law,
Patent Procedure