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