Making a Patent Deposit

How do I deposit biological material?

The first step in depositing biological material for patent purposes is to complete one of the forms below and send it to Patent Deposit Services (Email: PatentDeposit@atcc.org or Fax: 703-334-2932).

  • Budapest Treaty Deposit Form (BP/1) must be completed for deposits to meet the requirements of the Budapest Treaty.
  • Non-Budapest Treaty Deposit Form 34 must be completed for all other patent deposits. It is not necessary to complete Form 34 if you complete the Budapest Treaty BP/1 form. If both forms are completed, the BP/1 form supersedes the Form 34.
  • There is an additional information form for depositing a virus.

Complete identification of patent deposit material is required for each deposited item to ensure that ATCC is aware of all characteristics that may impact regulatory compliance in their handling, storage, and distribution. This information must be included on the form or appended as necessary.

ATCC will review the forms to ensure that all required documentation and any necessary regulatory permits are in place. If you do not contact ATCC prior to shipping your biological materials, there will be delays in processing your patent deposit, or return or destruction of your materials to comply with regulatory restrictions. Following review, ATCC will provide further instructions for shipment and depositing.

For a valid deposit, we require:
Microorganisms:

25 cryopreserved or freeze-dried vials from same harvest (0.5 ml per vial).

Mixed cultures and consortia:

25 cryopreserved or freeze-dried vials from same harvest (0.5 ml per vial)

Cell lines and hybridomas:

25 cryopreserved vials from same harvest (2-6 million cells per vial)

Plasmids and vectors*:

25 vials (100 ng per vial)

Animal viruses:

25 cryopreserved or freeze-dried samples (1 ml per vial)

Plant tissue cultures:

25 cryopreserved vials. Must be callus tissue. Seeds preferred

Seeds*:

100 packets (25 seeds per packet)

Microorganisms – Bacteria (either containing a plasmid or not containing a plasmid), bacteriophages, fungi, algae, yeast, and protozoa

Plasmids and vectors: (e.g., purified DNA, libraries, and associated genomics materials)

Seeds – Please refer to MPEP 2403.02 (LINK?) regarding the patent deposit seed requirement

ATCC does not accept test tubes or other actively growing cultures.

Services/Pricing

Patent deposit service fee is 2,500 USD per deposit.

ATCC comprehensive patent services include:
  • Pre-deposit assistance with forms and shipping
  • Assignment of inbound tracking numbers for quicker receipt of patent deposit material
  • Notification of patent material receipt
  • Viability testing (One test, with one additional repeat if necessary)
  • Certificate of deposit and a minimum of 30 years of storage
  • Release of deposited material for distribution according to deposit rules
  • Regular notification to depositors when deposit material is provided to third party
  • Regulatory compliance review for permits and distribution

Additional Patent Deposit Services, such as summaries of deposits, return of deposit material sample(s), additional copies of Certificate of deposit, and destruction of deposit material, and their associated fees are available upon request.

Additional information on Patent Deposit

Identity of materials

Certificate of Deposit

Viability Testing

Permit Requirements

Shipping Requirements

Converting to Budapest Treaty

Replacement Deposits

Interim Storage

Availability of Deposits

Use of Patent Cultures