What is the required term of deposit for biological materials in patent applications?
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.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2408 - Term Of Deposit,
Patent Law,
Patent Procedure