Can a biological material deposit be referenced in a patent application even if it’s not required?

Yes, a biological material deposit can be referenced in a patent application even if it’s not required to satisfy the statutory requirements for patentability. According to MPEP 2404:

A reference to a deposit may be included in a specification even though the deposit is not required to satisfy the requirements of 35 U.S.C. 112.

This means that inventors or applicants may choose to reference a deposit in their application for various reasons, such as:

  • Providing additional information about the invention
  • Offering an alternative mode of operation
  • Describing a preferred embodiment

However, it’s important to note that the inclusion of such a reference does not automatically imply that the deposit is necessary for patentability.

To learn more:

Topics: MPEP 2400 - Biotechnology, MPEP 2404 - Need Or Opportunity To Make A Deposit, Patent Law, Patent Procedure
Tags: Biological Material Deposit, biotechnology patents, Optional Deposit Reference