What are the requirements for viability of deposited biological materials?

The viability of deposited biological materials is a crucial aspect of the deposit process. According to MPEP 2410.01, the following requirements apply:

• The deposit must be viable at the time it is made.
• The deposit must be tested for viability.
• The deposit must be replaced if it becomes non-viable.

As stated in the MPEP: “The deposit must be viable at the time of deposit.” This ensures that the deposited material can be used to recreate the invention as described in the patent application. If the deposit becomes non-viable, the patent owner is responsible for replacing it to maintain the validity of the patent.

To learn more:

• viability
• biological materials
• deposit requirements
• patent validity