GREAT AT SMALL THINGS

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Rules of the Budapest Treaty

The following rules apply to the deposit of microorganisms and request of samples:

 

Rule 6.2: New deposit @ same IDA

In addition to the original deposit, a new deposit may become necessary, e.g. in case the microorganism is no longer viable. This may be made with the same IDA as the original deposit.

 

Rule 6.2: New deposit @ other IDA

In addition to the original deposit, a new deposit may become necessary, e.g. in case the furnishing of samples is prevented by export or import restrictions. This new deposit should be made with another IDA as the original deposit.

 

Rule 8.1:  Name/description change

Communication or modification of the taxonomic designation (i.e. species name) and/or scientific description (i.e. strain properties) after the deposit was made.

 

Rule 11.1: Sample request by interested industrial property office

Furnishing of samples to the industrial property office dealing with the patent involving the requested microorganism.

 

Rule 11.2 (ii): Sample request by depositor or with authorisation of depositor

Furnishing of samples to the depositor or to third parties authorised by the depositor to receive a sample. Any third party needs to use this form to obtain the written, dated and signed authorisation by the depositor.

 

Rule 11.3 (a): Sample request by legally entitled party

Furnishing of samples to legally entitled parties, evidenced by a certification through the appropriate industrial property office. Use this form to request the certification by the industrial property office.

 

Rule 11.3 (b): Sample request from granted & published patents

Furnishing of samples to parties legally entitled in respect of patents granted and published and communicated as such to the IDA by the appropriate industrial property office. To avoid delays, it is suggested to include evidence of the issuance of a patent referring to the requested microorganism.