Deposit requirements
6 Deposit requirements
For the purposes of this Act, the deposit requirements are to be taken to be satisfied in relation to a micro‑organism to which a specification relates if, and only if:
the micro‑organism was, on or before the date of filing of the specification, deposited with a prescribed depositary institution in accordance with the rules relating to micro‑organisms; and
the specification includes, at that date, such relevant information on the characteristics of the micro‑organism as is known to the applicant; and
at all times since the end of the prescribed period, the specification has included:
the name of a prescribed depositary institution from which samples of the micro‑organism are obtainable as provided by the rules relating to micro‑organisms; and
the file, accession or registration number of the deposit given by the institution; and
at all times since the date of filing of the specification, samples of the micro‑organism have been obtainable from a prescribed depositary institution as provided by those rules.
[Note: see sections 41 and 42]
This provision refers to the regulations (prescribed period
). Made under this Act:
- Patents Regulations 1991 · under s 228
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