Accessing Patented Seed or Plant Material from an International Depositary Authority
To get a patent in the United States, the Patent Act requires patent applicants to include enough written information that a person of ordinary skill in the art could make and use the invention. This description, commonly known as “enablement,” is an essential component of the intellectual property system, which aims to create an incentive to innovate while delivering the benefits of the innovation to the public. With biological materials, a person may need access to the physical biological material the inventor has created in order to make and use it.