What is the purpose of biological deposits in patent applications?
Biological deposits in patent applications serve to satisfy the requirements of 35 U.S.C. 112, which relates to the written description, enablement, and best mode requirements of patent law. As implied in MPEP 2407.03, deposits are considered necessary when:
“…a deposit is considered to be necessary to satisfy the requirements of 35 U.S.C. 112…”
The purpose of these deposits is to ensure that the biological material described in the patent application is readily available to the public upon issuance of the patent. This allows others skilled in the art to reproduce and use the invention, which is a fundamental aspect of the patent system’s quid pro quo – the exchange of disclosure for patent protection.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2407.03 - Failure To Replace,
Patent Law,
Patent Procedure