Guide to depositing biological material for patent purposes available from NCIMB

Depositing biological material can be a key step in patent applications that are, or require the use of biological material. NCIMB have produced a new downloadable guide to the deposit of biological material for patent purposes, and our culture collection curator Dr Samantha Law was delighted to present it at a webinar on the topic at the Chartered Institute of Patent Attorneys at the start of September.

The patenting system was developed to stimulate innovation – offering protection in exchange for disclosure of inventions allows other inventors to understand the latest advances and build on them to develop new technologies. For many inventions, disclosure requires a written description and drawings. In the case of inventions that are, or require the use of biological material, disclosure includes the deposit of biological material in a recognised institution.

Consequently, it is important that depositors understand the process, when to deposit, the time it takes and when a valid deposit has been made. Different types of biological material have differing requirements and so the process can seem a little daunting if you are doing it for the first time.

NCIMB is a recognised institution for patenting purposes, and holds the status of International Depositary Authority under the Budapest Treaty on the International Recognition of the Deposit of Biological Material for the Purposes of Patent Procedure (1977) and Implementing Regulations (1981).

This means that biological material deposited with NCIMB under the Treaty meets the deposit requirements of patent offices in all countries party to the Treaty. Making deposits under the Budapest Treaty saves applicants time and money, because, instead of depositing the material in every state in which patent protection is sought, the applicant can deposit it only once, with one depositary authority.

However, patent applications can be delayed if the deposit process is not followed correctly, or issues are found with respect to the viability of the material deposited.

NCIMB’s guide maps out the process and highlights some simple steps depositors can take to make sure the process goes as smoothly as possible. The guide can be downloaded from our website at https://www.ncimb.com/patent-deposits/guide-to-the-deposit-of-biological-material-for-patenting-purposes/