What is a “reference to deposited biological material” in a PCT application?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27
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.
According to PCT Rule 13bis.1, a “reference to deposited biological material” means “particulars given in an international application with respect to the deposit of a biological material with a depositary institution or to the biological material so deposited.”
This reference is typically included when it’s necessary for disclosing the invention in a manner sufficient for it to be carried out by a person skilled in the art, especially when the biological material is not publicly available.