How should biological materials be described in a patent application?
Describing biological materials in a patent application requires careful attention to detail. According to MPEP 2406.01:
“The specification must contain the accession number for the deposit, the date of the deposit, the name and address of the depository, and a description of the deposited biological material sufficient to specifically identify it and to permit examination.”
To properly describe biological materials:
- Provide specific identification: Include characteristics that distinguish the material from other biological entities.
- Include deposit information: If a deposit is made, provide the accession number, date, and depository details.
- Describe relevant properties: Detail the biological, chemical, or physical properties that are essential to the invention.
- Explain preparation methods: If applicable, describe how the material is isolated, cultured, or synthesized.
A comprehensive description ensures that the biological material is fully disclosed and supports the patent’s claims.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2406.01 - Description In Application Specification,
Patent Law,
Patent Procedure