Can non-self-replicating materials be acceptable as biological deposits for patents?
While the USPTO generally expects deposited biological materials to be capable of self-replication, either directly or indirectly, the MPEP 2403 does not entirely preclude the possibility of accepting non-self-replicating materials under certain circumstances. The MPEP states:
“Thus, while the Office does not currently contemplate that there would be any situations where a material that is not capable of self-replication either directly or indirectly would be acceptable as a deposit, an applicant is clearly not precluded by these rules from attempting to show in any given application why the deposit of such a material should be acceptable to satisfy the requirements of 35 U.S.C. 112.”
This means that while it’s uncommon, applicants may argue for the acceptance of non-self-replicating materials if they can demonstrate how such a deposit would satisfy the statutory requirements.
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