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,…
Read MoreWhat information must be included in a reference to deposited biological material?
According to PCT Rule 13bis.3(a), a reference to deposited biological material must include: The name and address of the depositary institution The date of deposit of the biological material The accession number given to the deposit by the institution Any additional matter notified to the International Bureau, if applicable For U.S. requirements, additional information may…
Read MoreHow 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…
Read MoreWhat is a “reference to deposited biological material” in a PCT application?
According to PCT Rule 13bis.1, a “reference to deposited biological material” means “particulars given in an international application with respect to the deposit of a biological material with a depositary institution or to the biological material so deposited.” This reference is typically included when it’s necessary for disclosing the invention in a manner sufficient for…
Read MoreHow can an applicant ensure they’ve deposited biological material with an acceptable institution for PCT applications?
To ensure that biological material is deposited with an acceptable institution for PCT applications, applicants should: Consult the PCT Gazette or Annex L of the PCT Applicant’s Guide, which list notified depositary institutions. Choose a depositary institution that has been notified by the designated Offices of interest. The MPEP states: “A reference to a deposit…
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