What are the specific conditions for exemption from replacement deposits?
According to MPEP 2407.05, there are specific conditions under which a depository may be exempted from providing replacement deposits of biological materials. The MPEP states:
“The conditions are specified in this paragraph as being limited to national security, health or environmental safety reasons.”
These conditions can be broken down as follows:
- National security concerns
- Health-related issues
- Environmental safety considerations
If any of these conditions apply, the depository may be exempt from the requirement to furnish samples to requesters outside its jurisdiction without needing to provide a replacement deposit. This provision balances the need for access to biological materials for patent purposes with important safety and security considerations.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2407.05 - Exemption From Replacement,
Patent Law,
Patent Procedure