What is required when depositing biological material after the filing date of a patent application?

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.

When depositing biological material after the effective filing date of a patent application, the applicant must promptly submit a corroborating statement. According to MPEP 2406.02:

“When the original deposit is made after the effective filing date of an application for patent, an applicant is required to promptly submit a statement from a person in a position to corroborate that the biological material which is deposited is a biological material specifically identified in the application (the filing date of which is relied upon) as filed.”

This statement must come from someone who can confirm that the deposited material matches what was described in the original application.