How does an invention rely on biological material in a patent application?
An invention can rely on biological material in a patent application in various ways, as described in MPEP 2404:
“The invention may rely on a biological material for the purposes of making or using the invention, either as a preferred mode or an alternative mode of operation.“
This means that biological material can be integral to an invention in several contexts:
- As a component necessary for making the invention
- As an element required for using or implementing the invention
- As part of the preferred embodiment or best mode of the invention
- As an alternative method or variant of the invention
Inventors should clearly describe how the biological material relates to their invention in the patent application, regardless of whether a deposit is required or not.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2404 - Need Or Opportunity To Make A Deposit,
Patent Law,
Patent Procedure