Increasing numbers of patent applications directed to microorganisms and specific strain(s) are being filed and granted. In this webinar, we will discuss how a physical biological deposit is made, to ensure that subject matter relating to biological material is sufficiently disclosed and specific strains can be claimed. We will consider practical and strategic considerations associated with biological deposits, including disadvantages of making a biological deposit and how it might be possible to overcome deficiencies relating to biological deposits. We will also review the scope and potential infringement of patent claims limited to deposited strains, and discuss strategies and best practice for drafting applications to support claims to deposited strains, and for pursuing broader claims to microorganisms.

Topics covered include:

  • What are biological deposits and when might they be needed?
  • Strategic considerations associated with biological deposits.
  • How it might be possible to overcome or take advantage of deficiencies relating to biological deposits?
  • What is the scope of a patent claim to a deposited strain and how might it be infringed?
  • Analysis of relevant judgements.
  • Strategies and best practice for claiming microorganisms.

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J A Kemp LLP acts for clients in the USA, Europe and globally, advising on UK and European patent practice and representing them before the European Patent Office, UKIPO and Unified Patent Court. We have in-depth expertise in a wide range of technologies, including Biotech and Life Sciences, Pharmaceuticals, Software and IT, Chemistry, Electronics and Engineering and many others. See our website to find out more.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.