How does the USPTO determine if a depository is acceptable?

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.

The United States Patent and Trademark Office (USPTO) has specific criteria for determining if a depository is acceptable for biological materials. According to MPEP 2405:

“The Commissioner may determine that a depository is acceptable if the depository:”

• Maintains biological material viability for 30 years or 5 years after the most recent request, whichever is longer
• Provides samples to authorized parties upon request
• Collects and maintains depositor information
• Accepts deposits without restriction
• Provides written verification of deposits
• Maintains confidentiality and security of deposits

These criteria ensure that the depository can reliably store and provide access to biological materials for patent purposes. The USPTO maintains a list of acceptable depositories that meet these requirements.