What are the consequences of an inadequate description of a biological material deposit?

What are the consequences of an inadequate description of a biological material deposit?

An inadequate description of a biological material deposit can have serious consequences for a patent application:

• Rejection of the application for lack of written description under 35 U.S.C. 112(a)
• Inability to demonstrate possession of the claimed invention
• Difficulty in enforcing the patent if granted

MPEP 2406.01 emphasizes: “The requirement for a specific identification is consistent with the description requirement of the first paragraph of 35 U.S.C. 112, and to provide an antecedent basis for the biological material which either has been or will be deposited before the patent is granted.” Failure to meet this requirement can result in the loss of patent rights or limit the scope of protection granted.

To learn more:

• biological material deposit
• inadequate description
• patent rejection
• written description requirement