How does the written description requirement apply to biological deposits in patent applications?
The written description requirement, as applied to biological deposits in patent applications, is based on 35 U.S.C. 112(a). According to MPEP 2411.01:
“A rejection for lack of written description typically arises in the context that the application as filed does not contain a description to support an amendment to the specification or claims, although it can arise in the context of original claims.”
In the context of biological deposits, this means that the specification must adequately describe the biological material in sufficient detail to demonstrate that the applicant was in possession of the claimed invention at the time of filing. If a deposit is necessary to satisfy this requirement and is not made or adequately described, the examiner may reject the application under 35 U.S.C. 112(a) for lack of written description.
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