How can an applicant ensure they’ve deposited biological material with an acceptable institution for PCT applications?

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.

To ensure that biological material is deposited with an acceptable institution for PCT applications, applicants should:

1. Consult the PCT Gazette or Annex L of the PCT Applicant’s Guide, which list notified depositary institutions.
2. Choose a depositary institution that has been notified by the designated Offices of interest.

The MPEP states: “A reference to a deposit cannot be disregarded by a designated Office for reasons pertaining to the institution with which the biological material was deposited if the deposit referred to is one made with a depositary institution notified by that Office.”

Information on notified institutions is published by the International Bureau in the PCT Gazette.