PCT AG-IP 11.083 How does the applicant decide on the depositary institution with which to deposit the biological material?

Rule 13bis.7(b)

11.083.   How does the applicant decide on the depositary institution with which to deposit the biological material?  Each national (or regional) Office whose national law provides for deposits of biological material for the purposes of patent procedure notifies the International Bureau of the depositary institutions with which the national law permits such deposits to be made.  Information on the institutions notified by each of those Offices is published by the International Bureau in the Official Notices (PCT Gazette)Annex L indicates the institutions with which deposits may be made.

Rule 13bis.5(c)

11.084.   A reference to a deposit cannot be disregarded by a designated Office for reasons pertaining to the institution with which the biological material was deposited if the deposit referred to is one made with a depositary institution notified by that Office.  Thus, by consulting the Official Notices (PCT Gazette) (or Annex L), the applicant can be sure that he has deposited the biological material with an institution which will be accepted by the designated Office.

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

Date retrieved: 02 November 2015

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PCT Implementing Rules