What are the requirements for furnishing samples under the Budapest Treaty?
Under the Budapest Treaty, depositories are required to furnish samples of deposited biological materials under certain conditions. According to MPEP 2410:
“For a depository to be recognized under the Budapest Treaty, it must be able to furnish samples of deposited biological material to authorized parties.”
The specific requirements include:
- Providing samples to industrial property offices for patent purposes
- Furnishing samples to depositors or those authorized by depositors
- Supplying samples to parties legally entitled to them under the treaty
These requirements ensure that the deposited biological material is accessible for patent examination and enforcement purposes while maintaining proper controls over distribution.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2410 - Furnishing Of Samples,
Patent Law,
Patent Procedure