What is an acceptable depository for biological materials in patent applications?
An acceptable depository for biological materials in patent applications can be either:
- An International Depositary Authority (IDA) established under the Budapest Treaty, or
- A depository recognized as suitable by the USPTO Commissioner
As stated in MPEP 2405: “37 CFR 1.803 indicates that a depository will be recognized as acceptable for the purposes of these regulations if it is either an International Depositary Authority (IDA) established under the Budapest Treaty, or if it is a depository recognized as suitable by the Commissioner.“
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2405 - Acceptable Depository,
Patent Law,
Patent Procedure