How are references to deposited biological material handled for different designated states in a PCT application?

The handling of references to deposited biological material for different designated states in a PCT application is addressed in PCT Rule 13bis.5:

• A reference is considered to be made for all designated states unless expressly made for certain states only.
• Different deposits of biological material may be made for different designated states.
• Designated offices may disregard deposits made with institutions not notified by them under Rule 13bis.7(b).

The MPEP clarifies: “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.”

To learn more:

• PCT
• biological material
• depositary institution
• designated states
• patent application