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

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.

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.“