Tag: comment

USPTO Proposes Rule Change to Require Biological Deposits

Written by on Thursday, March 6th, 2008

According to a Patent Baristas report, the U.S. Patent and Trademark Offics ("USPTO") is proposing a rule change to require deposits when the invention involves biological material. 

Patent Baristas wrote of the proposed rule change:

The proposed rules would require:

(1) that any deposit of biological material be made before publication of a patent application; and

(2) that all restrictions on access to the deposited material imposed by the depositor be removed upon publication.

The proposed changes will provide that the public has access to biological materials referenced in the disclosure of a patent application to the same extent that access to the remainder of the disclosure is available. The public policy basis for allowing access to a referenced item is the same whether the item is another patent application or a deposited biological material.

The USPTO is currently accepting written comments to this proposed rule change through April 21, 2008.  The full text of the notice is attached.


Category: Biotech Patents  |  Comments Off on USPTO Proposes Rule Change to Require Biological Deposits

© 2008-2015 The Prinz Law Office. All rights reserved.

The Prinz Law Office | Silicon Valley, CA | Los Angeles, CA | Orange County, CA | San Diego, CA | Atlanta, GA | Tel: 1.800.884.2124

Mailing Address: 117 Bernal Rd., Suite 70-110, San Jose, CA 95119; Silicon Valley Office: San Jose- 2033 Gateway Place, Suite 500, San Jose, CA 95110 (408)884-2854; Los Angeles Office: 3110 Main St., Building C, Santa Monica, CA 90405 (310)907-9218; Orange County Office: 100 Spectrum Center Drive, 9th Floor, Irvine, CA 92618 (949)236-6777; San Diego Office: 4455 Murphy Canyon Road, Suite 100, San Diego, CA 92123 (619)354-2727 Atlanta Office: 1000 Parkwood Circle, Suite 900, Atlanta, Georgia 30339 (404)479-2470

Biotech Transactions Lawyer & Attorney: Serving Silicon Valley, San Jose, San Francisco, San Diego, Los Angeles, Orange County, Irvine, Anaheim, Santa Monica, Silicon Beach, Atlanta. Licensed in California and Georgia.