What happens if a deposit becomes contaminated or loses 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. If a deposit becomes contaminated or loses viability, the patent owner is responsible for making a replacement deposit. The MPEP states: “If the deposit has become contaminated or has lost its capability to function as described in the specification, it shall be replaced.” This requirement is outlined in MPEP 2409 . The patent owner must ensure that a viable sample of the biological material is available throughout the enforceable life of the patent. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Depository May Test Viability of Deposited Material MPEP 2409 Permitted Deposit Viability Must Be Confirmed MPEP 2409 Deposit Must Be Viable During Term of Deposit MPEP 2409 Required Requirement for Viable Biological Deposit MPEP 2409 Viability Statement for Non-Budapest Treaty Deposits Required MPEP 2409 Required Examiner Proceeds Without Deposit If Not Viable MPEP 2409 Prohibited Viability Statement from Recognized Depository Accepted MPEP 2409 Viability Statement Requirement for Non-Budapest Treaty Deposits MPEP 2409 Required Viability Statement from Recognized Depository MPEP 2409 Deposit Not Viable If Not Acceptable MPEP 2409 Prohibited Other Related FAQs 5 FAQs Collapse Who is responsible for maintaining the viability of a biological deposit? How long must a biological deposit remain viable for patent purposes? What are the requirements for testing biological deposit viability? How does the Budapest Treaty affect the viability requirement for biological deposits? What happens if a viability test indicates that a biological deposit is not viable?