MPEP 2400

Biotechnology

Quick Statistics:

Number of Pages:  114 pgs
Sections:  2401 – 2435

Brief Summary:

The biotechnology chapter focuses on the rules for biological deposits and sequences. Due to the nature of biological based inventions, it may not always be sufficient for the applicant to list the steps necessary to create the product. In these cases, the PTO will request that a “deposit” is made so that members of the public desiring to use the particular product will have access to it. An example of this would be a specific tissue culture cell type.

In other cases, when the invention seeking to be patented involves a nucleotide or amino acid sequence, that sequence must be listed in the patent.

Key Terms:

DepositBiological MaterialSequence Rules

37 CFR (Code of Federal Regulations):

37 CFR 1.809Examination procedures.
37 CFR 1.821Nucleotide and/or amino acid sequence disclosures in patent applications.


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