Applications in the field of biotechnology
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46
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Under the PCT, the question whether a reference to deposited biological material must be included in an international application is left to the national law of the designated states. The PCT, however, prescribes the contents of a required reference and when such a reference must be provided. A reference in accordance with the provisions of the PCT is to be regarded by each designated Office as satisfying the requirements of national law as to (only) the content and time for furnishing the reference. For obtaining a European patent, a reference to deposited biological material must be made. For further requirements in this respect, see EPO Guide I-76 ff. | |
R. 13bis PCT
WIPO PCT Guide 477 - 489
R. 28 EPC
OJ 1996, 596
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47
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Details of deposited biological material which are not included in the description should be supplied on a separate form (PCT/RO/134) (Box No. IX, check-box No. 8 PCT request form). This form must be used even if it is the applicant's wish that samples be made available only to an expert. |
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If the biological material has not been deposited by the applicant but by someone else, the name and address of the latter person, the depositor, must be entered in the international application and a document submitted in which the depositor:
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R. 28(1)(d) EPC
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has authorised the applicant to refer to the biological material, and |
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has given his/her unreserved and irrevocable consent to the deposited material being made available to the public. |
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The discretion given to the designated Offices regarding the furnishing of samples of biological material is used by the EPO in conformity with Rule 28(3) EPC. As a consequence, samples of biological material may, in many cases, be furnished by the EPO as designated Office to third parties as from international publication, ie during the international phase.
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R. 13bis.6 PCT
R. 28 EPC
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48
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If the international application discloses a nucleotide or amino acid sequence, it must - if it comprises sequences of at least 10 nucleotides or at least 4 amino acids - contain a sequence listing, which is to be drawn up in compliance with the standard prescribed in Annex C to the Administrative Instructions under the PCT (Box No. IX, check-box No. 9-10 PCT request form). | |
R. 5.2, 13ter PCT
WIPO PCT Guide 118 - 119, 490
Supplement No. 2 to
OJ 11/1998
GL/EPO A-VII, 4.2
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The EPO has notified the IB that it accepts sequence listings and/or tables related thereto, to be filed on electronic media as specified by the EPO. The specification of these electronic media is published in Vol. I/B-C (Receiving Offices) of the WIPO PCT Guide.
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Gazette 48/2004, 28048
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49
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If the applicant has filed sequence listings under Section 801 of the Administrative Instructions, a basic fee component of 400 times the fee per sheet will be due. Therefore, should the sequence listings be significantly less than 400 pages in length, it is advisable that the applicant refrains from filing them under Section 801 of the Administrative Instructions, but files them on paper or files the complete application in electronic form under Section 703 of the Administrative Instructions (see point 60). For the purposes of international search the sequence listing in electronic form will, however, be required by the EPO as ISA under Rule 13ter PCT (see points 93-see point 94). |
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WIPO PCT Guide 119c
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