What types of biological materials can be deposited for 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.

Various types of biological materials can be deposited for patent applications. According to MPEP 2403, these may include:

“Biological material includes material that is capable of self-replication either directly or indirectly. Representative examples include bacteria, fungi including yeast, algae, protozoa, eukaryotic cells, cell lines, hybridomas, plasmids, viruses, plant tissue cells, lichens and seeds.”

This list is not exhaustive, and other biological materials may also be eligible for deposit if they meet the criteria of being capable of self-replication and are necessary for enabling the invention.