What are the requirements for submitting biological material specimens to the USPTO?

The submission of biological material specimens to the USPTO is governed by specific requirements outlined in MPEP 608.03(a). The key points are:

  • Proper packaging: Specimens must be submitted in containers that ensure their safe delivery.
  • Identification: Each specimen should be clearly identified with the inventor’s name, the application number, and the filing date.
  • Compliance with regulations: Submissions must comply with all applicable regulations, including those related to dangerous materials and biotechnology inventions.

The MPEP specifically states:

‘Biological specimens will not be returned to the applicant. The procedures for submittal of samples of biological materials for deposit in a suitable depository for patent purposes are governed by 37 CFR 1.801 – 1.809.’

It’s crucial for applicants to follow these guidelines to ensure proper handling and consideration of their biological material specimens during the patent examination process.

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Topics: Patent Law, Patent Procedure
Tags: USPTO submission