PCT AG-IP 11.075 When must an international application include a reference to biological material and/or to its deposit with a depositary institution?

Rule 13bis.1
48.2(a)(viii)

11.075.   When must an international application include a reference to biological material and/or to its deposit with a depositary institution?  The PCT does not require the inclusion of such a reference in an international application;  it merely prescribes the contents of any “reference to deposited biological material” (defined as “particulars given … with respect to the deposit of biological material … or to the biological material so deposited”) which is included in an international application, and when such a reference must be furnished.  It follows that the applicant will see a need to make such a reference only when it is required for the purpose of disclosing the invention claimed in the international application in a manner sufficient for the invention to be carried out by a person skilled in the art – that is, when the law of at least one of the designated States provides for the making, for this purpose, of a reference to deposited biological material if the invention involves the use of biological material that is not available to the public.  Annex L lists those national (or regional) Offices of, or acting for, the Contracting States whose national law provides for the making of a reference to deposited biological material for the purposes of patent procedure;  those national (or regional) Offices whose laws do not provide for such references are indicated in Annexes B (in some cases together with information given by those Offices on the possibility of referring in the international application to deposits of biological material even though the applicable national law does not provide specially for it).  Where any indications are furnished separately from the description and are received by the International Bureau before the completion of technical preparations for international publication, the date of receipt by the International Bureau and the indication will be included in the published international application.

Source: http://www.wipo.int/pct/en/appguide/text.jsp?page=ip11.html

Date retrieved: 24 November 2017

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PCT Implementing Rules

PCT Applicant's Guide - International Phase