What is an acceptable depository for biological materials in patent applications?

An acceptable depository for biological materials in patent applications can be either:

  • An International Depositary Authority (IDA) established under the Budapest Treaty, or
  • A depository recognized as suitable by the USPTO Commissioner

As stated in MPEP 2405: “37 CFR 1.803 indicates that a depository will be recognized as acceptable for the purposes of these regulations if it is either an International Depositary Authority (IDA) established under the Budapest Treaty, or if it is a depository recognized as suitable by the Commissioner.

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Topics: MPEP 2400 - Biotechnology, MPEP 2405 - Acceptable Depository, Patent Law, Patent Procedure
Tags: Biological Materials, Budapest Treaty, Depository, Ida, Patent Deposits