What is the significance of ‘publicly available material’ in biological patent applications?

‘Publicly available material’ plays a crucial role in determining whether a biological material deposit is necessary for a patent application. According to MPEP 2404.02:

“No deposit is required, however, where the required biological materials can be obtained from publicly available material with only routine experimentation and a reliable screening test.”

The significance of publicly available material is that:

• It can eliminate the need for a biological deposit
• It demonstrates that the biological material is accessible to those skilled in the art
• It supports the enablement requirement of the patent application
• It can reduce costs and simplify the patent application process

Applicants should clearly identify and describe any publicly available sources of the biological material in their patent application to potentially avoid the need for a deposit.

To learn more:

• publicly available material
• biological patents
• deposit requirements
• biotechnology inventions