Should patent term extension or potential litigation be considered when determining the term of deposit?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. No, potential patent term extension or extended litigation should not be factored into the determination of the deposit term. The MPEP explicitly states: The mere possibility of patent term extension or extended litigation involving the patent should not be considered in this analysis. This guidance ensures that the term of deposit is based on the standard patent term and enforceable life, without speculating on potential extensions or legal proceedings. The focus should be on meeting the minimum requirements set forth in the regulations and ensuring availability of the biological material for the standard patent term plus the statute of limitations period. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Deposit Term Covers Patent Plus Limitations MPEP 2408 Deposit Term Must Cover Patent Life MPEP 2408 Recommended Deposit Term Must Be Indicated MPEP 2408 Required Samples Must Be Available Beyond Patent Life MPEP 2408 Required Deposit Must Be Kept for At Least Thirty Years and Five Years After Sample Request MPEP 2408 Required Deposit Must Meet Budapest Treaty Requirements MPEP 2408 Required Deposit Must Comply with 37 CFR 1.806 MPEP 2408 Required Deposit Must Be Available Beyond Patent Life If Termination Within 30 Years MPEP 2408 Required Different Deposits of Biological Material for Different Designated States Required MPEP 1823.01 Permitted Samples Must Be Stored Beyond Patent Life MPEP 2408 Required Other Related FAQs 5 FAQs Collapse What happens if the 30-year term of deposit expires before the end of the patent&#8217;s enforceable life? How does the Budapest Treaty affect the term of deposit for biological materials? What is the purpose of the extended ava...