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The European Patent Convention

 
 

Rule 34[ 34 ]
New deposit of biological material

If biological material deposited in accordance with Rule 31 ceases to be available from the recognised depositary institution, an interruption in availability shall be deemed not to have occurred if a new deposit of that material is made with a recognised depositary institution on the same terms as those laid down in the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure of 28 April 1977, and if a copy of the receipt of the new deposit issued by the depositary institution is forwarded to the European Patent Office within four months of the date of the new deposit, stating the number of the European patent application or of the European patent.
 
See notice from the EPO concerning inventions which involve the use of or concern biological material (OJ EPO 2010, 498).
References

Art. 83, 129

 
Cross-reference list
EPC EPC 1973
R. 34R. 28a