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5 Written Questions

5 Matching Questions

  1. 2422.04
  2. 2411
  3. 2404.03
  4. 2407.04
  5. 2403
  1. a 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.
  2. b Reference to a Deposit in the Specification

    a reference to a biological material, present in an application upon filing, may form the basis for making a deposit, where required, after the filing date of a given application but that the reference to the biological material, itself, cannot be added after filing without risking the prohibited introduction of new matter (35 U.S.C. 132). See the discussion of the Lundak application in MPEP ยง 2406.01. - See more at:
  3. c Treatment of Replacement
    37 CFR 1.805(e)
    where a replacement deposit is permitted and made, the examiner will assume that the same material as described in the patent is accessible from the identified depository unless evidence to the contrary comes to the attention of the Office
  4. d Examination Procedures
  5. e The Requirement for a Computer Readable Copy of the Offical Copy of the Sequence Listing

5 Multiple Choice Questions

  1. Exemption From Replacement
  2. 2500
  3. Viability of Deposit

    Viability may be tested by the depository. The test must conclude only that the deposited material is capable of reproduction. No evidence is necessarily required regarding the ability of the deposited material to perform any function described in the patent application.
  4. Rejections Based on Deposit Issue
  5. The Requirement for Exclusive Conformance; Sequences Presented in Drawing Figures

5 True/False Questions

  1. 2406.01Deposit 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:


  2. 2411.04Rejections Based on Deposit Issue


  3. 2425Amendments to or Replacement of Sequence Listing and Computer Readable Copy Thereof


  4. 2408Time of Making an Original Deposit


  5. 2404.01Material Capable of Self-Replication

    Biological material includes material that is capable of self-replication either directly or indirectly.


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