Why is an independent depository important for biological material deposits in patents?
The importance of an independent depository for biological material deposits in patents is emphasized in MPEP 2405. The key reasons include:
- Ensuring safe and reliable storage of deposited biological material
- Minimizing the opportunity for intentional mishandling or negligent handling
- Preserving the integrity of the deposit process
- Maintaining availability of the material during and after the patent’s enforceable life
The MPEP states: “The concept of a depository independent of the control of the depositor or an IDA as an acceptable depository is based on the need and desire to ensure the safe and reliable storage of a deposited biological material under circumstances that are substantially free of the opportunity for intentional mishandling or negligent handling of the deposited material.“
This independence helps protect both the patent owner’s and the public’s interests in the continued availability and accessibility of the deposited material.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2405 - Acceptable Depository,
Patent Law,
Patent Procedure