37 CFR 1.808 — Furnishing of samples

Ninth Edition, Revision 01.2024

• (a) A deposit must be made under conditions that assure that:
  • (1) Access to the deposit will be available during pendency of the patent application making reference to the deposit to one determined by the Director to be entitled thereto under § 1.14 and 35 U.S.C. 122 , and
  • (2) Subject to paragraph (b) of this section, all restrictions imposed by the depositor on the availability to the public of the deposited material will be irrevocably removed upon the granting of the patent.
• (b) The depositor may contract with the depository to require that samples of a deposited biological material shall be furnished only if a request for a sample, during the term of the patent:
  • (1) Is in writing or other tangible form and dated;
  • (2) Contains the name and address of the requesting party and the accession number of the deposit; and
  • (3) Is communicated in writing by the depository to the depositor along with the date on which the sample was furnished and the name and address of the party to whom the sample was furnished.
• (c) Upon request made to the Office, the Office will certify whether a deposit has been stated to have been made under conditions which make it available to the public as of the issue date of the patent grant provided the request contains:
  • (1) The name and address of the depository;
  • (2) The accession number given to the deposit;
  • (3) The patent number and issue date of the patent referring to the deposit; and
  • (4) The name and address of the requesting party.

[Added, 54 FR 34882, Aug. 22, 1989, effective Jan. 1, 199; para. (a)(1) revised, 68 FR 14332, Mar. 25, 2003, effective May 1, 2003]