What is the significance of the term of deposit for biological materials?
The term of deposit for biological materials is crucial in patent applications involving such materials. MPEP 2410 states:
“The term of deposit must be 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 throughout the patent term
- Interested parties can access the material for verification or research purposes
- The patent disclosure remains enabling for the full term of protection
Applicants must ensure that their deposits meet these duration requirements to maintain the validity of their patents involving biological materials.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2410 - Furnishing Of Samples,
Patent Law,
Patent Procedure