Paragraph 8 New deposits
This paragraph applies where the first, second or third circumstance occurs.
The first circumstance is that the biological material ceases to be available at the depositary institution because it is no longer viable.
The second circumstance is that—
the depositary institution is, for any other reason, unable to supply the biological material; or
the place where the biological material is deposited is no longer a depositary institution for that type of material (whether temporarily or permanently).
The third circumstance is that the biological material is transferred to a different depositary institution.
The first requirement and the second requirement shall be treated as having been complied with throughout the relevant period, if and only if—
where the first or second circumstance occurs—
a new deposit of biological material is made at the relevant depositary before the end of the relevant period, and
that deposit is accompanied by a statement, signed by the person making the deposit, that the biological material deposited is the same as that originally deposited; and
in all circumstances, the applicant or proprietor, before the end of the relevant period, applies to the comptroller to amend the specification of the application for the patent, or the patent, so that it meets the second requirement.
For the purposes of paragraph (5) “the relevant period” is the period beginning when the first, second or third circumstance occurs and ending—
three months after the date on which the depositor is notified by the depositary institution that the first, second or third circumstance occurred; or
where it expires later, three months after the date on which that circumstance is advertised in the journal.
The relevant depositary is—
where only the first circumstance occurs, the depositary institution where the original deposit was made; or
in any other case, any depositary institution.