What are the international considerations for timing of biological material deposits?
While the United States Patent and Trademark Office (USPTO) allows for some flexibility in the timing of biological material deposits, it’s crucial to consider international patent requirements. The Manual of Patent Examining Procedure (MPEP) 2406 notes:
“Note that while 37 CFR 1.804 permits making a deposit after the filing date of an application, in many countries the deposit must be made before the filing date of the application.”
This means that if you’re planning to seek patent protection in multiple countries, you should consider making your biological material deposit before filing your first patent application. This approach ensures compliance with the stricter requirements of many foreign patent offices.
For more detailed information on international considerations, the MPEP refers to another section:
“See MPEP § 2406.03.”
It’s advisable to consult with a patent attorney or agent familiar with international patent law to ensure your deposit strategy aligns with your global patent protection goals.
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