What are the requirements for testing biological deposit viability?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. The MPEP provides guidance on testing the viability of biological deposits. According to MPEP 2409 : “The depository must be able to furnish samples of the deposit to those who are entitled to receive samples under patent law and the Budapest Treaty. The depository must also agree to test the deposit for viability.” While specific testing methods are not detailed in the MPEP, it is understood that the depository institution must employ appropriate scientific methods to ensure the deposit remains viable and capable of performing its intended function. The frequency and nature of these tests may vary depending on the type of biological material deposited. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Viable Biological Deposit MPEP 2409 Depository May Test Viability of Deposited Material MPEP 2409 Permitted Viability Statement for Biological Deposit Must Include Reproduction Capability MPEP 2409 Viability Test Must Conclude Reproduction Capability MPEP 2409 Required Deposit Viability Must Be Confirmed MPEP 2409 Deposit Must Be Viable During Term of Deposit MPEP 2409 Required Deposit Must Be Tested for Viability MPEP 2409 Recommended Deposit Must Be Tested for Viability MPEP 2409 Viability Statement Requirement for Non-Budapest Treaty Deposits MPEP 2409 Required Viability Statement from Recognized Depository MPEP 2409 Other Related FAQs 5 FAQs Collapse What happens if a deposit becomes contaminated or loses viability? Who is responsible for maintaining the viability of a biological deposit? How long must a biological deposit remain viable for patent purposes? How does the Budapest Treaty affect the viability requirement for biological deposits? Wha...