What is the impact of commercial availability on biological material deposits for patents?
Commercial availability can significantly impact the need for biological material deposits in patent applications. According to MPEP 2404:
“The USPTO will accept commercial availability as evidence that a biological material is known and readily available only when the evidence is clear and convincing that the public has access to the material.”
However, commercial availability alone may not be sufficient. The USPTO considers factors such as:
- The reliability of the commercial source
- The stability of the material over time
- Any restrictions on public access
If commercial availability is questionable or may change, a deposit may still be required to ensure the public can access the material throughout the patent term.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2404 - Need Or Opportunity To Make A Deposit,
Patent Law,
Patent Procedure