How detailed should the description of a biological material deposit be in a patent application?
How detailed should the description of a biological material deposit be in a patent application?
The description of a biological material deposit in a patent application should be sufficiently detailed to:
- Allow verification of the deposited material
- Enable someone skilled in the art to make and use the invention
- Demonstrate the applicant’s possession of the claimed invention
MPEP 2406.01 states: “The description should include the salient characteristics of the biological material, including its specific biological source, phenotypic characteristics, genotypic characteristics, and other characteristics which are necessary for the recognition and identification of the biological material.” This level of detail ensures that the public can benefit from the disclosure and that the applicant has fulfilled their part of the patent bargain.
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Topics:
MPEP 2400 - Biotechnology,
MPEP 2406.01 - Description In Application Specification,
Patent Law,
Patent Procedure