What role do plant deposits play in establishing enablement for prior art?
Plant deposits play a significant role in establishing enablement for prior art in plant genetics. According to MPEP 2121.03, “A deposit of seeds or plant material may be necessary to satisfy the enablement requirement.” This means that in some cases, a physical deposit of the plant material may be required to ensure that the prior art is truly enabling.
The MPEP further clarifies: “Deposit of seeds or plant material may be necessary to satisfy the enablement requirement, particularly where the plant is not generally available to the public and a suitable description of the plant is lacking in the prior art.” This highlights two key scenarios where deposits become crucial:
- When the plant is not readily available to the public
- When the prior art lacks a sufficiently detailed description of the plant
Plant deposits serve as a means to make the plant material publicly accessible, thus fulfilling the enablement requirement. They provide a reliable source for others to obtain and work with the exact plant variety described in the prior art, ensuring reproducibility and access to the claimed invention.
It’s important to note that the mere mention of a deposit in a prior art reference may not be sufficient. The deposit must be properly made and accessible to the public for the prior art to be considered enabling.
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