What are the specific circumstances requiring biological material deposit for patent applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 10 Rules 5 Related FAQs 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. Specific circumstances requiring biological material deposit for patent applications include: When the biological material is not known and readily available to the public When the invention cannot be practiced without access to the biological material When words alone cannot sufficiently describe how to make and use the invention According to MPEP 2404 : “The invention may rely on biological material which is known and readily available to the public or reproducible from the written description.” However, if these conditions are not met, a deposit may be necessary. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Biological Material Must Be Known and Readily Available MPEP 2404.01 Required Biological Material Must Be Known and Readily Available MPEP 2404.01 Requirement for Known and Readily Available Biological Material MPEP 2404.01 Required Commercial Availability as Known and Readily Available Evidence MPEP 2404.01 Material Known and Readily Available Must Be Described Adequately MPEP 2404.01 Indicia for Known and Readily Available Biological Materials MPEP 2404.01 Permitted Patent Application May Reference Biological Material Deposit MPEP 2404 Permitted Publicly Available Biological Material Not Requiring Deposit MPEP 2404 Permitted Deposited Biological Material Is Considered Readily Available Regardless of Access Conditions MPEP 2404 Availability of Biological Material Must Be Known and Accessible MPEP 2404.01 Permitted Other Related FAQs 5 FAQs Collapse What makes a biological material deposit acceptable for patent purposes? What are the alternatives to making a biological deposit for patent applications? When is a deposit of biological material required fo...