What are the requirements for a depository to be recognized as suitable by the USPTO?

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.

For a depository to be recognized as suitable by the USPTO, it must meet several requirements as outlined in 37 CFR 1.803(a). These include:

• Having a continuous existence
• Existing independently of the depositor’s control
• Possessing sufficient staff and facilities for examination and storage
• Providing safety measures to minimize the risk of losing biological material
• Being impartial and objective
• Furnishing samples in an expeditious and proper manner
• Promptly notifying depositors of any inability to furnish samples

The MPEP states: “Suitability will be judged by the Commissioner, based on need and the information supplied by the organization seeking status, and information obtained from other sources that may be consulted.“