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2403 Deposit of Biological Material

MPEP SECTION SUMMARY Biological material includes material that is capable of self-replication whether it can do so directly or indirectly. Examples include; bacteria, fungi, algae, protozoa, eukaryotic cells, cell lines, hybridomas, plasmids, viruses, patent tissue cells, lichens and seeds. Non-living material that exists within a living cell may be deposited through the deposit of the host cell.

Although plant material is included within the scope of the definition of biological material for purposes of patents for plant inventions under 35 U.S.C. 101, the rules on deposits are not applicable to applications filed under the Plant Patent Act 

• The Office is of the view that a deposit is not required under the present provisions 

As with some types of reproducible biological material, seeds can be reproduced only after a growing season which may be relatively long.

• Although the rules do not specify a specific number of seeds to be deposited to meet the requirements of these rules, so long as the number of seeds deposited complies with the requirements of the Budapest Treaty International Depositary Authority (IDA) where the deposit is made, the USPTO would consider such a compliant submission as satisfying the rules

 

» 2404 Need or opportunity to make a deposit