How can a depository apply for recognition by the USPTO?

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.

A depository seeking recognition by the USPTO must follow the procedure outlined in 37 CFR 1.803(b). The depository must send a communication to the Commissioner that includes:

• The name and address of the depository
• Detailed information about its capacity to comply with the requirements
• A statement of intent to be available for deposits under the same conditions
• Specification of any limitations on the types of biological materials it will accept
• Information on fees for storage, viability statements, and sample furnishing

The MPEP notes: “An organization may be recognized as suitable by the Office if the procedure and conditions specified in 37 CFR 1.803(a)(2) and 37 CFR 1.803(b) are followed.“