What is the Lundak case and how does it affect biological deposits for patents?
The Lundak case (In re Lundak, 773 F.2d 1216, 227 USPQ 90 (Fed. Cir. 1985)) is a significant legal precedent in patent law regarding biological deposits. According to MPEP 2406.01:
“The United States Court of Appeals for the Federal Circuit held that the requirements of access by the Office to a sample of the cell line during pendency, and public access after grant, were met by Lundak’s procedures. The Court further held that the addition of information designating the depository, accession number, and deposit date of the deposited cell line in ATCC after the filing date did not violate the prohibition against new matter in 35 U.S.C. 132.“
Key points from the Lundak case:
- It allows for biological deposits to be made after the filing date of the patent application.
- The USPTO must have access to the sample during the application’s pendency.
- Public access must be ensured after the patent is granted.
- Adding depository information after filing is not considered new matter under 35 U.S.C. 132.
This case provides flexibility in the timing of biological deposits while maintaining the integrity of the patent application process.
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