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ARTICLE · 30 JULY 2021

Biological Deposits: Strategic Considerations

J A Kemp
J A Kemp
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J A Kemp

J A Kemp

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It is a fundamental requirement of patent law that, in exchange for a monopoly right, a patent must disclose the claimed invention in sufficient detail to allow a person skilled in the relevant...

European UnionIntellectual Property
Andrew Bentham
Andrew Bentham
Ian MacLeod
Ian MacLeod
Kapil Tuladhar
Kapil Tuladhar
Pamela Tuxworth
Pamela Tuxworth
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Introduction

It is a fundamental requirement of patent law that, in exchange for a monopoly right, a patent must disclose the claimed invention in sufficient detail to allow a person skilled in the relevant technical field to reproduce the invention. This requirement is known as sufficiency of disclosure in European practice and enablement in the US. Therefore, a biological deposit is often made, usually with an International Depositary Authority (IDA) under the Budapest Treaty, to ensure that subject matter relating to biological material that is not publically available and/or which cannot be adequately described by other means, is sufficiently disclosed. The sufficiency/enablement requirement is then satisfied by the depositary institution making samples of the deposit available to third parties on request.

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