How should biological materials be described in a patent application?

Describing biological materials in a patent application requires careful attention to detail. According to MPEP 2406.01:

“The specification must contain the accession number for the deposit, the date of the deposit, the name and address of the depository, and a description of the deposited biological material sufficient to specifically identify it and to permit examination.”

To properly describe biological materials:

  • Provide specific identification: Include characteristics that distinguish the material from other biological entities.
  • Include deposit information: If a deposit is made, provide the accession number, date, and depository details.
  • Describe relevant properties: Detail the biological, chemical, or physical properties that are essential to the invention.
  • Explain preparation methods: If applicable, describe how the material is isolated, cultured, or synthesized.

A comprehensive description ensures that the biological material is fully disclosed and supports the patent’s claims.

To learn more:

Topics: MPEP 2400 - Biotechnology, MPEP 2406.01 - Description In Application Specification, Patent Law, Patent Procedure
Tags: Biological Materials, Deposit Information, description requirements