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

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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.”