Law - PCT Reference To Deposited Microorganism

If a deposit of a biological material (the word "microorganism" is used in PCT rules) is part of the disclosure of an invention, and any required "indication" (i.e., information about the deposit or deposited material) is not contained in the international application as filed, in some instances it may be furnished to the International Bureau at a later date. The consequences of furnishing an indication subsequent to the filing date of the international application are the same as those that apply under national law. As some PCT States require that certain indications be present in the application as filed, it is recommended that applicants consult Annex L of the PCT Applicant's Guide to understand these implications before the international application is filed. If any indication is not included in the international application as filed, it may be furnished to the Bureau within 16 months after the priority date or, if no priority application exists, within 16 months after the PCT filing date.

The position of the USPTO on this issue is described in the following section(s) of the Manual of Patent Examining Procedure (MPEP):

MPEP 1823.01 - Reference to Deposited Microorganism
PCT Applicants Guide - Annex L


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