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5 Written questions

5 Matching questions

  1. 2405
  2. 2404.02
  3. 2404.01
  4. 2406.02
  5. 2406.03
  1. a 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
  2. 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.
  3. c Biological Material That Can be Made or Isolated without undue Experimentation
  4. d Possible Loss of U.S. Filing Date in Other Countries

    caution that in many countries the deposit must be made before the filing date of the priority application in order to obtain foreign priority rights.
  5. e Biological Material That Is Known and Readily Available to the Public

5 Multiple choice questions

  1. Replies to Rejections Based on Deposit Issue

    Once a rejection under 35 U.S.C. 112 has been made by the examiner directed to the absence of access to a biological material, applicant may reply, pursuant to 37 CFR 1.809 (b)(1), by either making an acceptable original or replacement deposit in accordance with these regulations, or assuring the Office in writing that an acceptable deposit will be made on or before the date of payment of the issue fee, or by submitting an argument of why a deposit is not required under the circumstances of the application being considered. Other replies to such a rejection by the examiner shall be considered nonresponsive and may result in abandonment of the application. - See more at: http://www.wikilawschool.net/wiki/MPEP_2400#sthash.r1onQWb8.dpuf
  2. 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.
  3. 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. After Patent Has Been Granted
  5. Material Capable of Self-Replication

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

5 True/False questions

  1. hat is the mininum number of seeds that must be deposited to be considered by the Office?2500

          

  2. 2411.01Rejections Based on Deposit Issue

          

  3. 2421Overview of the Sequence Rules

          

  4. 2410.01Conditions of Deposit

          

  5. 2422.02Box Sequence; Hand Delivery of Sequence Listings and Computer Readable Forms