What is the purpose of an acceptable depository for biological materials?
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.
An acceptable depository for biological materials serves a crucial purpose in the patent application process for biotechnology inventions. According to MPEP 2405:
“The purpose of a deposit is to supplement the written disclosure in an application where the invention involves biological material and words alone cannot sufficiently describe how to make and use the invention in a reproducible manner.”
In essence, the depository ensures that:
- The biological material is properly preserved and accessible
- Other researchers can replicate and verify the invention
- The public can access the material once the patent is granted
This system helps maintain the integrity of the patent process for biotechnology inventions and supports the disclosure requirements of patent law.