Patent and Trademark Office February 20, 2008 – Federal Register Recent Federal Regulation Documents
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Revision to the Time for Filing of a Biological Deposit and the Date of Availability of a Biological Deposit
This notice proposes changes to the rules of practice to require that any deposit of biological material be made before publication of a patent application, and 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.