What is the required term of deposit for biological materials in patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 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. According to 37 CFR 1.806 , the term of deposit for biological materials in patent applications must be: At least thirty (30) years from the date of deposit, and At least five (5) years after the most recent request for a sample was received by the depository. The MPEP states: A deposit made before or during pendency of an application for patent shall be made for a term of at least thirty (30) years and at least five (5) years after the most recent request for the furnishing of a sample of the deposit was received by the depository. This requirement ensures that the deposited material remains available for a sufficient period after the patent expires. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Deposit Must Be Kept for At Least Thirty Years and Five Years After Sample Request MPEP 2408 Required Deposit Must Comply with 37 CFR 1.806 MPEP 2408 Required Deposit Must Meet Budapest Treaty Requirements MPEP 2408 Required Deposit Term Covers Patent Plus Limitations MPEP 2408 Definition of Biological Materials for Patent Deposits MPEP 2403 Permitted Deposit Requirement for Biological Materials MPEP 2402 Deposit Must Be Available Beyond Patent Life If Termination Within 30 Years MPEP 2408 Required Samples Must Be Available Beyond Patent Life MPEP 2408 Required Deposit Must Be Made According to Regulations MPEP 2404 Required Deposit Term Must Be Indicated MPEP 2408 Required Other Related FAQs 5 FAQs Collapse What happens if the 30-year term of deposit expires before the end of the patent&#8217;s enforceable life? How does the Budapest Treaty affect the term of deposit for biological materials? Should patent term extension or potential litigation be considered when det...