What is the purpose of depositing biological material for patent applications?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-30

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.

The purpose of depositing biological material for patent applications is to ensure that the invention can be reproduced and made available to the public. According to MPEP 2403:

“The deposit of biological material for patent purposes is intended to supplement the written disclosure where necessary for enablement purposes when needed for practice of the invention.”

This means that when a written description alone is insufficient to enable someone skilled in the art to make and use the invention, a biological deposit can provide the necessary material to fulfill the enablement requirement.

Topics: MPEP 2400 - Biotechnology MPEP 2403 - Deposit Of Biological Material Patent Law Patent Procedure
Tags: Budapest Treaty, Specification Optional Content