Paragraph 3 The first and second requirements

(1)

The first requirement is that—

(a)

on or before the date of filing of the application, the biological material has been deposited in a depositary institution; and

(b)

that institution will be able to furnish subsequently a sample of the biological material.

(2)

The second requirement is that before the end of the relevant period—

(a)

the name of the depositary institution and the accession number of the deposit are included in the specification; and

(b)

where the biological material was deposited by a person other than the applicant (“the depositor”)—

(i)

a statement is filed which identifies the name and address of the depositor, and

(ii)

a statement by the depositor has been filed, which authorises the applicant to refer to the biological material in his application and irrevocably authorises the making available to the public of the biological material in accordance with this Schedule.

(3)

The relevant period is the first to expire of—

(a)

the period of sixteen months—

(i)

where there is no declared priority date, F1beginning immediately after the date of filing of the application; or

(ii)

where there is a declared priority date, F2beginning immediately after that date;

(b)

where the applicant has made a request under section 16(1) to publish the application during the period prescribed for the purposes of that section, the period ending with the date of the request; or

(c)

where the applicant was notified under rule 52(2), the period of one month F3beginning immediately after the date of the notification.

(4)

Where—

(a)

the application is filed with the European Patent Office and documents have been filed under the provisions of the European Patent Convention corresponding to sub-paragraph (2); or

(b)

the application in suit is an international application for a patent (UK) and documents have been filed in accordance with the Patent Co-operation Treaty under the provisions of the Treaty corresponding to sub-paragraph (2),

the second requirement shall be treated as having been met.

(5)

In this paragraph—

“accession number” means the number given to the deposit by a depositary institution;
“specification” means the specification of an application for a patent.

Annotations

Textual amendments

F1: Words in Sch. 1 para. 3(3)(a)(i) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
F2: Words in Sch. 1 para. 3(3)(a)(ii) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)
F3: Words in Sch. 1 para. 3(3)(c) substituted (1.10.2011) by The Patents (Amendment) Rules 2011 (S.I. 2011/2052), rules 1, 3, Sch. (with rule 4)