What is the purpose of the written description requirement for biological material deposits?

What is the purpose of the written description requirement for biological material deposits?

The written description requirement for biological material deposits serves two main purposes:

  • To ensure that the public receives something in return for the patent grant
  • To demonstrate that the applicant was in possession of the claimed invention at the time of filing

According to MPEP 2406.01, “The description must be sufficient to permit verification that the deposited biological material is in fact that disclosed and claimed.” This means that the description should provide enough detail to allow someone skilled in the art to confirm that the deposited material matches what is described and claimed in the patent application.

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Topics: MPEP 2400 - Biotechnology, MPEP 2406.01 - Description In Application Specification, Patent Law, Patent Procedure
Tags: Biological Material Deposit, verification, Written Description