5 Written questions
5 Matching questions
- a Plant Material
A deposit is not necessary for the grant of a plant patent under the provisions of 35 U.S.C. 161- 164. As with other biological material deposited for purposes of patents for inventions under 35 U.S.C. 101, the deposit of plant material together with the written specification must enable those skilled in the art to make and use the claimed invention, in accordance with the requirements of 35 U.S.C. 112.
- b Acceptable Depository
The depository must:
(i)Have a continuous existence;
(ii)Exist independent of the control of the depositor;
(iii)Possess the staff and facilities sufficient to examine the viability of a deposit and store the deposit in a manner which ensures that it is kept viable and uncontaminated;
(iv)Provide for sufficient safety measures to minimize the risk of losing biological material deposited with it;
(v)Be impartial and objective;
(vi)Furnish samples of the deposited material in an expeditious and proper manner; and
(vii)Promptly notify depositors of its inability to furnish samples, and the reasons why.
- c Form and Format for Nucleotide and/or Amino Acid Sequence Submissions in Computer Readable Form
- d The Deposit Rules
Where the invention involves a biological material and words alone cannot sufficiently describe how to make and use the invention in a reproducible manner, access to the biological material may be necessary for the satisfaction of the statutory requirements for patentability under 35 U.S.C. 112.
- e Need or Opportunity to Make a Deposit
37 CFR 1.802(a) permits a deposit of a biological material to be referenced in a patent application where an invention is, or relies on, a biological material. The invention may rely on a biological material for the purposes of making or using the invention, either as a preferred mode or an alternative mode of operation. A reference to a deposit may be included in a specification even though the deposit is not required to satisfy the requirements of 35 U.S.C. 112.
5 Multiple choice questions
- Sequence Listing Numeric Identifiers
- Informational Requirements for the Sequence Listing
- Rejections Based on Deposit Issue
- Deposit After Filing Date-Corroboration
When the original deposit is made after the effective filing date of an application for patent, an applicant is required to promptly submit a statement from a person in a position to corroborate that the biological material which is deposited is a biological material specifically identified in the application (the filing date of which is relied upon) as filed. - See more at: http://www.wikilawschool.net/wiki/MPEP_2400#sthash.r1onQWb8.dpuf
- Reference to Previously Filed Identical Computer Readable Form; Continuing or Dericatiove Applications; Request for Transfer of Computer Readable Form
5 True/False questions
2422.09 → Box Sequence; Hand Delivery of Sequence Listings and Computer Readable Forms
2411 → Furnishing of Samples
2403 → Deposit of Biological Material
37 CFR 1.801 Biological Material
For the purposes of these regulations pertaining to the deposit of biological material for purposes of patents for inventions under 35 U.S.C. 101, the term biological material shall include material that is capable of self-replication either directly or indirectly. Representative examples include bacteria, fungi including yeast, algae, protozoa, eukaryotic cells, cell lines, hybridomas, plasmids, viruses, plant tissue cells, lichens and seeds. Viruses, vectors, cell organelles and other non-living material existing in and reproducible from a living cell may be deposited by deposit of the host cell capable of reproducing the non-living material.
2421 → Overview of the Sequence Rules
2408 → Term of Deposit
A deposit made before or during pendency of an application for patent shall be made for a term of 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 satisfies the terms of the Budapest Treaty