MPEP § 2411.05 — Content of Application with Respect to Deposited Material (Annotated Rules)

§2411.05 Content of Application with Respect to Deposited Material

USPTO MPEP version: BlueIron's Update: 2025-12-31

This page consolidates and annotates all enforceable requirements under MPEP § 2411.05, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Content of Application with Respect to Deposited Material

This section addresses Content of Application with Respect to Deposited Material. Primary authority: 37 CFR 1.809(d). Contains: 3 requirements and 1 other statement.

Key Rules

Topic

Deposit of Biological Materials

2 rules
StatutoryRequiredAlways
[mpep-2411-05-0a659822aba2061676cbee0b]
Description Must Verify Biological Material
Note:
The specification must include a description sufficient to verify that the deposited biological material matches the disclosed material.

37 CFR 1.809(d) sets forth the requirements for the content of the specification with respect to a deposited biological material. Specifically, the specification shall contain the accession number for the deposit, the date of the deposit, the name and address of the depository, and a description of the deposited biological material sufficient to specifically identify it and to permit examination. The description also must be sufficient to permit verification that the deposited biological material is in fact that disclosed. Once the patent issues, the description must be sufficient to aid in the resolution of questions of infringement. As a general rule, the more information that is provided about a particular deposited biological material, the better the examiner will be able to compare the identity and characteristics of the deposited biological material with the prior art.

Jump to MPEP Source · 37 CFR 1.809(d)Deposit of Biological MaterialsDeposit Identification in ApplicationReference to Deposit in Specification
StatutoryRequiredAlways
[mpep-2411-05-7eac5384d8aea53871b58e55]
Description Must Aid Infringement Resolution
Note:
The patent specification must provide sufficient details about the deposited biological material to resolve infringement questions, with more detailed descriptions being preferable.

37 CFR 1.809(d) sets forth the requirements for the content of the specification with respect to a deposited biological material. Specifically, the specification shall contain the accession number for the deposit, the date of the deposit, the name and address of the depository, and a description of the deposited biological material sufficient to specifically identify it and to permit examination. The description also must be sufficient to permit verification that the deposited biological material is in fact that disclosed. Once the patent issues, the description must be sufficient to aid in the resolution of questions of infringement. As a general rule, the more information that is provided about a particular deposited biological material, the better the examiner will be able to compare the identity and characteristics of the deposited biological material with the prior art.

Jump to MPEP Source · 37 CFR 1.809(d)Deposit of Biological MaterialsDeposit Identification in ApplicationReference to Deposit in Specification
Topic

Reference to Deposit in Specification

1 rules
StatutoryInformativeAlways
[mpep-2411-05-020945229db6fc3d57c3b6f5]
Specification Must Contain Deposit Details
Note:
The specification must include the accession number, deposit date, depository details, and a sufficient description of the deposited biological material to aid in infringement resolution.

37 CFR 1.809(d) sets forth the requirements for the content of the specification with respect to a deposited biological material. Specifically, the specification shall contain the accession number for the deposit, the date of the deposit, the name and address of the depository, and a description of the deposited biological material sufficient to specifically identify it and to permit examination. The description also must be sufficient to permit verification that the deposited biological material is in fact that disclosed. Once the patent issues, the description must be sufficient to aid in the resolution of questions of infringement. As a general rule, the more information that is provided about a particular deposited biological material, the better the examiner will be able to compare the identity and characteristics of the deposited biological material with the prior art.

Jump to MPEP Source · 37 CFR 1.809(d)Reference to Deposit in SpecificationDeposit of Biological MaterialsDeposit Identification in Application
Topic

Deposit Identification in Application

1 rules
StatutoryRequiredAlways
[mpep-2411-05-551df9ea929259d3922b3b7b]
Specification Must Contain Deposit Details
Note:
The specification must include the accession number, deposit date, depository name and address, and a detailed description of the deposited biological material.

37 CFR 1.809(d) sets forth the requirements for the content of the specification with respect to a deposited biological material. Specifically, the specification shall contain the accession number for the deposit, the date of the deposit, the name and address of the depository, and a description of the deposited biological material sufficient to specifically identify it and to permit examination. The description also must be sufficient to permit verification that the deposited biological material is in fact that disclosed. Once the patent issues, the description must be sufficient to aid in the resolution of questions of infringement. As a general rule, the more information that is provided about a particular deposited biological material, the better the examiner will be able to compare the identity and characteristics of the deposited biological material with the prior art.

Jump to MPEP Source · 37 CFR 1.809(d)Deposit Identification in ApplicationReference to Deposit in SpecificationDeposit of Biological Materials

Citations

Primary topicCitation
Deposit Identification in Application
Deposit of Biological Materials
Reference to Deposit in Specification
37 CFR § 1.809(d)

Source Text from USPTO’s MPEP

This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.

BlueIron Last Updated: 2025-12-31