What are the deposit rules mentioned in the MPEP?
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.
The deposit rules referred to in the MPEP are a set of regulations that govern the procedures and conditions for depositing biological materials for patent purposes. Specifically, the MPEP states:
“The deposit rules (37 CFR 1.801 – 1.809) set forth examining procedures and conditions of deposit which must be satisfied in the event a deposit is required.“
These rules cover various aspects of the deposit process, including:
- Definitions of biological material
- Criteria for acceptable depositories
- Requirements for making a deposit
- Conditions for accessing deposited material
- Certification of deposits
It’s important to note that these rules focus on the procedural aspects of deposits: “The rules do not address the substantive issue of whether a deposit is required under any particular set of facts.” This means that the necessity of a deposit is determined on a case-by-case basis, depending on the specific invention and its description in the patent application.