United States Government Publishing Office publisher pbl distributor dst United States Government Accountability Office author aut Government Organization text government publication eng GAOREPORTS Legislative Agency Publications gao legislative 2010-08-12 U.S. Government Printing Office 2000-10-16 monographic deposited born digital 38 p. GA 1.13:GAO-01-49 https://www.govinfo.gov/app/details/GAOREPORTS-GAO-01-49 P0b002ee18038f9e2 f:d0149 DGPO 2010-08-12 2011-03-24 GAOREPORTS-GAO-01-49 machine generated eng fdlp REPORT GAOREPORTS-GAO-01-49 GAO-01-49 Patent law Patents Biological research Intellectual property Proprietary data Letter Report

Under United States patent law, a patent must describe the subject invention in detail sufficient for a person skilled in the particular field to use or make it. In cases involving biological materials, the inventor may have to deposit a sample. Some members of the biotechnology industry believe that biological deposits make patent infringement easier, reasoning that a person or organization can obtain a sample of the deposit and then reproduce the invention with minimal effort and expense. GAO found that access to biological deposits once a patent is granted has not to date increased the risk of patent infringement for the biotechnology industry. The concerns, however, continue especially after the American Inventors Protection Act of 1999 took effect, which publishes the patent application 18 months from the date of filing and is made available to the public at that time rather than at the time the patent is granted. https://www.govinfo.gov/content/pkg/GAOREPORTS-GAO-01-49/html/GAOREPORTS-GAO-01-49.htm https://www.govinfo.gov/content/pkg/GAOREPORTS-GAO-01-49/pdf/GAOREPORTS-GAO-01-49.pdf GAO-01-49 https://www.govinfo.gov/app/details/GAOREPORTS-GAO-01-49 Letter Report GAO-01-49; Intellectual Property: Deposits of Biological Materials in; Patent law Patents Biological research Intellectual property Proprietary data Title 35 Section 112 35 U.S.C. 112 Public Law 106-113