What restrictions apply to the furnishing of samples of biological materials?

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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. Furnishing samples of biological materials is subject to certain restrictions to prevent misuse and ensure proper access. MPEP 2410 outlines several key restrictions: “The depositor may contract with the depository to restrict the furnishing of samples to named persons or to organizations for a specified period.” These restrictions may include: Limiting access to specific individuals or entities Imposing time-based restrictions on sample availability Requiring certification of the right to obtain a sample Prohibiting transfer of samples to third parties Additionally, some countries may have export restrictions on certain biological materials. Requesters and depositories must comply with all applicable national and international regulations when furnishing samples. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Certification of Deposit Availability Upon Patent Grant MPEP 2410 Deposit Restrictions Must Be Removed Upon Patent Grant MPEP 2410 Deposit Must Be Available During Pendency and Post-Grant MPEP 2410 Required Requirement for Sample Request During Patent Term MPEP 2410 Required Notification Required for Sample Filing During Patent Term MPEP 2410 Petitions for PTAB Trial Must Comply with Rules MPEP 1002.02(j) Access to Patent Applications Except PTAB Proceedings MPEP 1002.02(b) Petition for Access to Interference Agreement Under Pre-AIA 35 U.S.C. 135(c) MPEP 1002.02(f) Petitions to Institute a Trial Must Comply with PTAB Rules MPEP 1002.02(j) Access to Firm's Patent Applications for Registered Members with Signatory Power MPEP 104 Required Other Related FAQs 5 FAQs Collapse What is the purpose of 37 CFR 1.808? How does 37 CFR 1.808 relate to biotechnology pat...