Legal Definitions - biological material

Biological material refers to living organisms or substances derived from living organisms that can be patented. This includes microorganisms like bacteria, fungi, algae, protozoa, and viruses that are capable of self-replication.

For example, a company may develop a new strain of bacteria that can break down plastic waste. If they can prove that the bacteria is novel, non-obvious, and useful, they may be able to patent it as a biological material.

In order to obtain a patent for a biological material in the United States, the material must be deposited in an appropriate cell depository before the patent is granted. This ensures that other researchers can access and study the material.