What information must be included in a viability statement for non-Budapest Treaty deposits?

For biological material deposits not made under the Budapest Treaty, a viability statement must be filed with the patent application. According to MPEP 2409 and 37 CFR 1.807(b), this statement must contain:

• The name and address of the depository
• The name and address of the depositor
• The date of deposit
• The identity of the deposit and the accession number given by the depository
• The date of the viability test
• The procedures used to obtain a sample if the test is not done by the depository
• A statement that the deposit is capable of reproduction

This information is crucial for establishing the viability and accessibility of the deposited biological material for patent purposes.

To learn more:

• viability statement
• non-Budapest Treaty deposits
• biological deposits
• patent applications