USPTO Seeks Input on Rules for Patenting Your Lab Critters
Published Date: 11/19/2025
Notice
Summary
The USPTO is asking for public feedback on updating the rules for depositing biological materials when applying for patents. This affects inventors and institutions handling these materials, with a comment deadline of January 20, 2026. No new fees are mentioned, but the update helps keep the process clear and smooth for everyone involved.
Analyzed Economic Effects
2 provisions identified: 0 benefits, 2 costs, 0 mixed.
Patent Deposit Costs and Paperwork
If you file a patent that requires depositing biological material, you must submit specific paperwork when the deposit is not made under the Budapest Treaty, including a viability statement with the depository name/address, depositor name/address, deposit date, accession number, viability test date, sampling procedure, and a statement the deposit is capable of reproduction. The USPTO estimates about 1,500 such deposits per year, each response takes about 1 to 5 hours, and depository and shipping costs are estimated at $2,500 and $371 per deposit respectively; the agency estimates total annual non-hour costs of $4,306,511 and an estimated annual hourly cost burden of $672,735.
Depositories: Approval Requirements and Costs
If your institution wants USPTO recognition as a suitable depository to receive patent biological deposits, you must submit detailed information about the depository's name/address, legal status, scientific standing, staff, facilities, types of material accepted, availability terms, and the fees you will charge for storage and services. The USPTO estimates it will receive 1 depository recognition request, which it estimates will take about 5 hours to prepare (estimated cost $2,235 using a $447/hour rate) and postage of $11.20.
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