37 C.F.R. §1.801 - Biological material
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16 cases
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Evans Medical Ltd. v. American Cyanamid Co., 96 Civ. 3529(WCC).
...samples of the material in a publicly accessible depository in satisfaction of the disclosure requirement of 35 U.S.C. § 112. See 37 C.F.R. §§ 1.801-1.809. 8. "Adenylate cyclase activity" is the enzymatic activity of adenylate cyclase, which is measured, e.g., by the rate of the conversion ......
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Enzo Biochem, Inc. v. Gen-Probe Inc., 01-1230.
...First, in the context of biotechnology inventions, the PTO has adopted regulations governing the deposit of biological materials. 37 C.F.R §§ 1.801 — 1.809. Those regulations provide inter alia that "[w]here an invention is, or relies on, a biological material, the disclosure may Page 1028 ......
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J.E.M. Ag Supply v Pioneer Hi-Bred Int'l, 991996
...meet the specifications of §112, which require a written description of the plant and a deposit of seed that is publicly accessible. See 37 CFR §§1.801-1.809 Petitioners do not allege that Pioneer's patents are invalid for failure to meet the requirements for a utility patent. Nor do they d......
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La Chapelle v. Kolodner, Patent Interference 104
...referred to in the involved '251 Application, I do not find that it [Kolodner] has complied with the deposit requirements set forth in 37 C.F.R. §§ 1.801-1.809. Attention is directed to § 1.808(b). In addition to making a deposit in a recognized depository as described in the rules, the dep......
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4 firm's commentaries
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Protecting Cannabis – Are Plant Patents Cool Now?
...(last visited Oct. 10, 2017). [5] See Manual of Patent Examining Procedure (MPEP) § 1605 (“The rules on Deposit of Biological Materials, 37 CFR 1.801-1.809, do not apply to plant patent applications in view of the reduced disclosure requirements of 35 U.S.C. 162, even where a deposit of a p......
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MBHB Snippets: A review of developments in Intellectual Property Law - Volume 15, Issue 4
...(last visited Oct. 10, 2017). 5 See Manual of Patent Examining Procedure (MPEP) § 1605 (“The rules on Deposit of Biological Materials, 37 CFR 1.801-1.809, do not apply to plant patent applications in view of the reduced disclosure requirements of 35 U.S.C. 162, even where a deposit of a pla......
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USPTO News Briefs - April 2019
...in the art to make and use the claimed invention. The Office also notes that a deposit must comply with the biological deposit rules (37 C.F.R. §§ 1.801-1.809) to be relied upon to meet the requirements of 35 U.S.C. § 112. For plant seeds, biological deposit rules require that deposits be m......
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USPTO Provide Guidance On Patent Examination Policies And Procedures, Revise Manual Of Patent Examining Procedure
...of Patent Examining Procedure. Specifically, the USPTO will accept a minimum deposit of 625 seeds as being compliant with the rules under 37 CFR 1.801 through Additionally, chapter 2400 has been updated to clarify that sequence listing submissions are subject to the fee set forth in 37 CFR ......
4 books & journal articles
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Protecting Plant Inventions
...involving yeast, bacteria, or fungi. 2. J.E.M. AG Supply, Inc. v. Pioneer Hi-Bred Int’l, Inc., 534 U.S. 124, 131–32 (2001). 3. 37 C.F.R. §§ 1.801–.809. 4. See id. § 1.802(b); 35 U.S.C. § 112. ©2019. Published in Landslide ® , Vol. 11, No. 6, July/August 2019, by the American Bar Association......
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Debunking Copyright Myths
...involving yeast, bacteria, or fungi. 2. J.E.M. AG Supply, Inc. v. Pioneer Hi-Bred Int’l, Inc., 534 U.S. 124, 131–32 (2001). 3. 37 C.F.R. §§ 1.801–.809. 4. See id. § 1.802(b); 35 U.S.C. § 112. ©2019. Published in Landslide ® , Vol. 11, No. 6, July/August 2019, by the American Bar Association......
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The Evolving Landscape of Disparaging and Scandalous Trademarks: Historical and Public Relations Perspectives
...involving yeast, bacteria, or fungi. 2. J.E.M. AG Supply, Inc. v. Pioneer Hi-Bred Int’l, Inc., 534 U.S. 124, 131–32 (2001). 3. 37 C.F.R. §§ 1.801–.809. 4. See id. § 1.802(b); 35 U.S.C. § 112. ©2019. Published in Landslide ® , Vol. 11, No. 6, July/August 2019, by the American Bar Association......
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Exclusivity Without Patents: The New Frontier of FDA Regulation for Genetic Materials
...connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.”); 37 C.F.R. §§ 1.801–.807 (2012) (requiring applicants for patents on biological materials to deposit such material in an acceptable public depository). 287. 3......