When must a reference to deposited biological material be furnished 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 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.