Legal Definitions - enablement by deposit

Definition: Enablement by deposit refers to the act of placing a sample of microorganisms or cell lines with the U.S. Patent and Trademark Office to satisfy the enablement requirement. This practice is not statutory but has been established by regulation and caselaw.

Example: A scientist invents a new strain of bacteria that can be used to produce a life-saving drug. In order to obtain a patent for the invention, the scientist must demonstrate that the invention is enabled, meaning that it can be made and used by others without undue experimentation. One way to satisfy this requirement is to deposit a sample of the bacteria with a recognized depository, such as the American Type Culture Collection, and provide the deposit information to the patent office.

Explanation: By depositing a sample of the bacteria with a recognized depository, the scientist is providing a way for others to access the invention and use it without having to recreate it from scratch. This helps to ensure that the invention is truly enabled and not just a theoretical concept. The deposit information also serves as proof that the invention was in fact made and can be used by others, which is important for obtaining a patent.