Who is responsible for maintaining the viability of a biological deposit?
Who is responsible for maintaining the viability of a biological deposit?
The responsibility for maintaining the viability of a biological deposit is shared between the patent owner and the depository institution. MPEP 2409 states:
“The depository must agree to store the deposit for at least thirty (30) years and, in most cases, indefinitely, as long as the fee for storage is paid.”
While the depository is responsible for proper storage and testing, the patent owner must ensure that the deposit remains viable throughout the patent’s enforceable life. This includes paying necessary fees and making replacement deposits if required. Ultimately, the patent owner bears the responsibility of ensuring compliance with deposit requirements to maintain patent validity.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2409 - Viability Of Deposit,
Patent Law,
Patent Procedure