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DOC/PTO

RIN: 0651-AB99

Publication ID: Spring 2006

Title: ●Revision to the Time for Required Filing of a Biological Deposit and to the Date of Availability of the Biological Deposit
Abstract: This section changes 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 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. When any item is referenced in the disclosure of a patent application publication or patent, then a special circumstance exists that warrants release of the referenced item. 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.
Agency: Department of Commerce(DOC)	Priority: Substantive, Nonsignificant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Long-Term Actions
Major: No	Unfunded Mandates: No
CFR Citation: 37 CFR Part 1 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 35 USC 2(b)(2) and 122

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	To Be Determined

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
Agency Contact: Robert W. Bahr Senior Patent Attorney Department of Commerce Patent and Trademark Office P.O. Box 1450, Alexandria, VA 22313-1450 Phone:571 272-8800 Email: robert.bahr@uspto.gov