What is the purpose of the extended availability requirement for biological deposits?
The purpose of the extended availability requirement for biological deposits is to ensure public access to the deposited material after the patent expires. The MPEP explains:
The purpose of the requirement is to ensure that a deposited biological material necessary for the practice of a patented invention would be available to the public after expiration of the patent for which the deposit was made.
This requirement aligns with the fundamental patent law principle of public disclosure in exchange for temporary exclusive rights. By ensuring the biological material remains available beyond the patent term, it allows others to practice the invention once the patent expires, furthering innovation and scientific progress.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2408 - Term Of Deposit,
Patent Law,
Patent Procedure