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.
This
Chapter is not usually tested at all on the exam. However, it is possible to see
a question related to biotechnology patents on the exam.
2402
Deposit Rules
where the invention involves a biological material and words
alone cannot sufficiently describe how to make and use the invention in a reproducible
manner, access to the biological material may be necessary for the satisfaction
of the statutory requirements for patentability under 35 U.S.C. 112
2420
The requirements for patent applications containing nucleotide sequence and/or
amino acid sequence disclosures - the sequence rules
there is a standardized
format for the descriptions of nucleotide and amino acid sequence data submitted
as a part of patent applications
one application may contain more than one
nucleotide or amino acid sequence within it -the required submission of that data
must be in computer readable form