At a minimum, a reference in an international patent application as filed to deposits of biological materials should include at least the following: name and address of depository, date of the deposit and l deposit accession number. If available, a taxonomic description should be given. Information in the following sections of the PCT Applicant's Guide (PCTAG) is applicable to this task:
PCTAG Vol. I/A ¶ 402 - When must an international application include a reference to a microorganism and/or to its deposit with a depository institution?
PCTAG Vol. I/A ¶ 403 - What effect does the PCT give to such a reference?
PCTAG Vol. I/A ¶ 404 - May the reference be made for the purposes of only some of the designated States?
PCTAG Vol. I/A ¶ 405 - What are the indications which must be given in the reference with regard to the deposit of the microorganism?
PCTAG Vol. I/A ¶ 406 - What are the indications concerning the microorganism itself which must be given in the reference?
PCTAG Vol. I/A ¶ 407 - At what time must the reference (with the indications which must be contained therein) be made?
PCTAG Vol. I/A ¶ 408 - What is the consequence of failure to furnish an indication in time?
PCTAG Vol. I/A ¶ 409 - Where should the reference be made?
PCTAG Vol. I/A ¶ 410 - How does the applicant decide on the depositary institution with which to deposit the microorganism?
PCTAG Vol. I/A ¶ 411
PCTAG Vol. I/A ¶ 412 - Does a reference in an international application to the deposit of a microorganism involve the possibility of a sample being obtained by the International Searching Authority or the International Preliminary Examining Authority?
PCTAG Vol. I/A ¶ 413 - What possiblity is there, when a reference is made in an international application to the deposit of a microorganism, of third persons obtaining a sample?
PCTAG Vol. I/A ¶ 414
Information in the following USPTO Manual of Patent Examining Procedure (MPEP) sections is directly applicable to this task only if the international application will form the basis of a U.S. patent application. However, since PCT rules are somewhat similar in concept to U.S. rules, it is also included for general reference.
MPEP 2402 - The Deposit Rules
MPEP 2403 - Deposit of Biological Material
MPEP 2403.01 - Material Capable of Self-Replication
MPEP 2403.02 - Plant Material
MPEP 2404 - Need or Opportunity to Make a Deposit
MPEP 2404.01 - Biological Material that is Known and Readily Available to the Public
MPEP 2404.02 - Biological Material that Can be Made or Isolated Without Undue Experimentation
MPEP 2404.03 - Reference to a Deposit in the Specification
MPEP 2405 - Acceptable Depository
MPEP 2406 - Time of Making an Original Deposit
MPEP 2406.01 - Description in Application Specification
MPEP 2406.02 - Deposit after Filing Date Corroboration
MPEP 2406.03 - Possible Loss of U.S. Filing date in Other Countries
MPEP 2407 - Replacement of Deposit
MPEP 2407.01 - In a Pending Application
MPEP 2407.02 - After a Patent Has Issued
MPEP 2407.03 - Failure to Replace
MPEP 2407.04 - Treatment of Replacement
MPEP 2407.05 - Exemption from Replacement
MPEP 2407.06 - Replacement May Not be Recognized
MPEP 2408 - Term of Deposit
MPEP 2409 - Viability of Deposit
MPEP 2410 - Furnishing of Samples
MPEP 2410.01 - Conditions of Deposit
MPEP 2410.02 - Certification of Accessibility of Deposit
MPEP 2411.05 - Content of Application with Respect to Deposited Material
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