How should biological materials be described in a patent application?

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.

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.