What makes a biological material deposit acceptable for patent purposes?
For a biological material deposit to be acceptable for patent purposes, it must meet specific criteria as outlined in MPEP 2404. The key requirement is:
“Where a deposit is required to provide the necessary access, a deposit is acceptable for patent purposes only where it is made in accordance with these regulations.“
This means that the deposit must:
- Be made in a recognized depository institution
- Comply with the regulations set forth in 37 CFR 1.801-1.809
- Provide sufficient access to satisfy the statutory requirements for patentability under 35 U.S.C. 112
It’s important to note that even if access to biological material is required, a deposit may not be necessary if sufficient access can be provided through other means.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2404 - Need Or Opportunity To Make A Deposit,
Patent Law,
Patent Procedure