What are the requirements for a biological deposit to be acceptable for patent purposes?

For a biological deposit to be acceptable for patent purposes, it must meet several requirements as outlined in MPEP 2403:

1. Viability: The deposited material must be viable at the time of deposit and remain so for the duration of the patent term.
2. Accessibility: The deposit must be accessible to the public upon issuance of the patent.
3. Replenishment: The depositor must provide assurance that all restrictions on availability will be irrevocably removed upon patent grant.
4. Permanent Availability: The deposit must be available for 30 years beyond the date of deposit or for 5 years after the most recent request for a sample, whichever is longer.
5. Recognized Depository: The deposit must be made in a recognized depository that complies with 37 CFR 1.803.

These requirements ensure that the deposited biological material can effectively supplement the written description and enable the invention throughout the patent term.

To learn more:

• biological deposit requirements
• patent application
• viability
• accessibility
• recognized depository