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

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.

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Topics: MPEP 2400 - Biotechnology, MPEP 2404 - Need Or Opportunity To Make A Deposit, Patent Law, Patent Procedure
Tags: Biological Material Deposit, Invention Requirements, patent applications