When must a reference to deposited biological material be furnished in a PCT application?
The timing for furnishing a reference to deposited biological material depends on several factors:
- If not included in the original application, indications can be furnished to the International Bureau within 16 months after the priority date.
- Some national laws may require earlier submission, as noted in PCT Rule 13bis.4(b).
- If the applicant requests early publication, all indications should be furnished by the time of that request.
The MPEP states: “No check is made in the international phase to determine whether a reference has been furnished within the prescribed time limit.” However, failure to include the reference or furnish it within the prescribed time limit may have consequences under national law.
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