What is the significance of the term of deposit for biological materials?

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 term of deposit for biological materials is crucial in patent applications involving such materials. MPEP 2410 states:

“The term of deposit must be at least thirty (30) years and at least five (5) years after the most recent request for the furnishing of a sample of the deposit was received by the depository.”

This requirement ensures that:

• The deposited material remains available throughout the patent term
• Interested parties can access the material for verification or research purposes
• The patent disclosure remains enabling for the full term of protection

Applicants must ensure that their deposits meet these duration requirements to maintain the validity of their patents involving biological materials.