What does “known and readily available” mean in the context of biological materials for patent applications?
“Known and readily available” refers to the level of public accessibility to a necessary component of an invention disclosure that is consistent with the ability to make and use the invention. According to MPEP 2404.01:
“To avoid the need for a deposit on this basis, the biological material must be both known and readily available – neither concept alone is sufficient.”
This means that the biological material must be publicly known (e.g., its existence has been published) and accessible to those who wish to obtain it. The term “readily” is used to define a reasonable degree of availability under the circumstances.
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Topics:
MPEP 2400 - Biotechnology,
MPEP 2404.01 - Biological Material That Is Known And Readily Available To The Public,
Patent Law,
Patent Procedure