What are the alternatives to making a biological deposit for patent applications?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

While biological deposits are often necessary for patent applications involving biological materials, there are alternatives in certain situations:

• Written description: If the biological material can be sufficiently described in words to enable a skilled person to make and use the invention, a deposit may not be necessary.
• Known and readily available materials: If the biological material is known and readily available to the public, a deposit might not be required. The MPEP states, “Where an invention depends on the use of a biological material that must be deposited to satisfy the enablement requirement, the biological material need not be deposited during the pendency of the application, if the biological material is known and readily available to the public or can be made or isolated without undue experimentation.“
• Sequence information: For genetic material, providing detailed sequence information may be sufficient in some cases.

It’s important to consult with a patent attorney to determine the best approach for your specific invention and situation.