What are the specific circumstances requiring biological material deposit for patent applications?
A
What are the specific circumstances requiring biological material deposit for patent applications?
Specific circumstances requiring biological material deposit for patent applications include:
- When the biological material is not known and readily available to the public
- When the invention cannot be practiced without access to the biological material
- When words alone cannot sufficiently describe how to make and use the invention
According to MPEP 2404: “The invention may rely on biological material which is known and readily available to the public or reproducible from the written description.” However, if these conditions are not met, a deposit may be necessary.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2404 - Need Or Opportunity To Make A Deposit,
Patent Law,
Patent Procedure