Is an actual reduction to practice required before filing a patent application for biological material?
No, an actual reduction to practice is not a prerequisite for filing a patent application, even for biological materials. The MPEP 2406.02 clearly states:
“[T]here is no requirement in the patent law that an actual reduction to practice occur as a condition precedent to filing a patent application.”
This means that inventors can file patent applications for biological inventions based on constructive reduction to practice, which involves providing a detailed description that would enable a person skilled in the art to make and use the invention without undue experimentation.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2406.02 - Deposit After Filing Date - Corroboration,
Patent Law,
Patent Procedure