INTERNATIONAL TREATIES
Budapest Treaty
International Microorganism Depositary Authorities
I. DSM - Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH
A. Extension of the list of kinds of micro-organisms accepted
Following notification by the European Patent Organisation on 6 December 1993 under Rule 3.3 of the Budapest Treaty, the list of micro-organisms accepted by the DSM has been extended, with effect from 28 February 19941, to include also the following:
- murine embryos
The schedule of fees has also been amended and extended accordingly.
B. Summary of information relating to the DSM
A summary of all relevant information concerning kinds of micro-organisms accepted for deposit by the DSM together with other technical information is set out below.
This publication replaces the communication published in OJ EPO 1991, 241. The amendments which have occurred in the meantime are indicated with an asterisk.
1. Complete list of micro-organisms accepted
1.1 bacteria
1.2 fungi (including yeasts)
1.3 bacteriophages
1.4 plasmids
1.5 plant viruses
1.6 plant cell cultures
1.7 human and animal cell cultures
*1.8 murine embryos
Re points 1.1, 1.2, 1.3, 1.5, 1.6, 1.7:
* The DSM accepts for deposit only those bacteria, fungi and cell cultures which, pursuant to the notices of the "Berufsgenossenschaft der chemischen Industrie" [German trade association of the chemical industry] on "Sichere Biotechnologie, Eingruppierung biologischer Agenzien" ("Safe biotechnology, classification of biological agents") (bacteria B006, fungi B007, viruses B004, cell cultures B009), belong to hazard group 1 or 2. An English translation of the texts is also available. Similar restrictions likewise apply to murine embryos. If the relevant group is not known, information can be obtained from the DSM.
Re points 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8:
* It must be possible to process genetically manipulated bacteria, fungi, bacteriophages, isolated DNA, plant viruses and plant, human and animal cell cultures as well as murine embryos in accordance with safety levels 1 or 2 of the "Gesetz zur Regelung von Fragen der Gentechnik" [genetic engineering act], 1990, BGBL Part I, No. 28, Z 5702 A, 20 June 1990.
Re point 1.5:
Plant viruses which cannot multiply through mechanical infection of plants cannot be accepted for deposit.
Re point 1.6:
Plant cell cultures can only be deposited in the form of callus or suspension cultures with non-differentiated growth. The material for deposit must be free from contamination by foreign organisms.
Re point 1.7:
* Animal and human cell cultures cannot be accepted for deposit if they are contaminated with viruses or other foreign organisms (particularly mycoplasma). Please note that the DSM requires about two weeks for carrying out the necessary check for mycoplasma contamination.
Re point 1.8:
* Before preservation of the embryos by the depositor and subsequent despatch to the DSM information concerning the method to be used must be obtained from the DSM.
The DSM reserves the right to refuse to accept for deposit material which in its view represents an unacceptable hazard or which it is not in a position to process.
In all instances, it must be possible to preserve the deposited material by lyophilisation or storage in liquid nitrogen or by some other method of long-term preservation without significant change.
2. Schedule of fees
2.1 Storage according to Rule 12.1(a)(i) of the Budapest Treaty
| DEM |
|---|---|
bacteria, fungi, plasmids, bacteriophages and |
|
plant viruses |
1 150* |
plant cell cultures |
2 500 |
human and animal cell cultures, |
|
*murine embryos |
2 400 |
2.2 Conversion of a deposit made outside the Budapest Treaty into a deposit according to the Budapest Treaty bacteria, fungi, plasmids, bacteriophages and |
|
plant viruses |
1 150* |
plant cell cultures |
2 500 |
human and animal cell cultures, |
|
* murine embryos |
2 400 |
2.3 Prolongation of the duration of the storage over |
|
the one provided by Rule 9 of the Budapest Treaty, |
|
per year |
|
bacteria, fungi, plasmids, bacteriophages and |
|
plant viruses |
40* |
plant cell cultures |
80 |
human and animal cell cultures, |
|
*murine embryos |
80 |
2.4 Issuance of viability statement under Rule 12.1(a)(iii) of the Budapest Treaty |
|
(a) where a viability test is also requested |
|
bacteria, fungi, plasmids, bacteriophages and |
|
plant viruses |
130* |
plant, human and animal cell cultures, |
|
*murine embryos |
200 |
(b) on the basis of the last viability test |
|
bacteria, fungi, plasmids, bacteriophages, |
|
plant viruses, plant, human and animal cell cultures, |
|
*murine embryos |
60* |
2.5 Furnishing of a sample under Rule 12.1(a)(iv) of the Budapest Treaty (plus current freight costs) |
|
bacteria, fungi, plasmids, bacteriophages and |
|
plant viruses |
130* |
plant, human and animal cell cultures, |
|
*murine embryos |
200 |
2.6 Communication of information under Rule 7.6 of the Budapest Treaty |
|
bacteria, fungi, plasmids, bacteriophages, |
|
plant viruses, plant, human and animal cell cultures, |
|
*murine embryos |
60* |
2.7 Attestation referred to in Rule 8.2 of the Budapest Treaty |
|
bacteria, fungi, plasmids, bacteriophages, |
|
plant viruses, plant, human and animal cell cultures, |
|
*murine embryos |
60* |
As a general rule, the fees under points 2.1, 2.2, 2.4 and 2.5 (services provided within the Federal Republic of Germany) are subject to VAT, currently at the rate of 7%, which is also payable where samples are furnished to requesting parties in the Federal Republic of Germany.
Turnover tax, again currently at the rate of 7%, must also be charged on EU orders not quoting a VAT registration number.
A processing fee of DEM 40 to cover bank charges is payable on all foreign invoices.
3. Requirements under Rule 6.3 of the Budapest Treaty
Re points 1.1, 1.2:
Bacteria and fungi should, where possible, be deposited in the form of two active cultures.
Re point 1.3:
Bacteriophages should be deposited in minimum quantities of 2 x 5 ml having a minimum titre of 1 x 109 pro ml.
Re point 1.4:
Plasmids as isolated DNA preparations should be deposited in a minimum quantity of 2 x 20 μg.
Re point 1.5:
Plant viruses should be deposited in the form of dried or frozen material along with the host's seeds, unless the host is generally available. 100 μl of serum suitable for immunoelectron microscopy should also be deposited for the purity and identity test.
When hybridomes for antibody testing of plants are deposited, the antigen (not pathogen) necessary for the specificity test should be deposited at the same time.
Re point 1.6:
In the case of plant cell cultures, active cultures in the form of a callus (four petri dishes) or suspension (three culture vessels) or frozen cultures (18 cryoampoules) should be deposited.
Re point 1.7:
* In the case of animal and human cell cultures, frozen cultures should be deposited in 12 ampoules, each containing at least 5 x 106 cells.
Re point 1.8:
* Murine embryos should be deposited in 12 ampoules, each containing at least 15 - 20 embryos.
4. Address
DSM-Deutsche Sammlung von
Mikroorganismen und Zellkulturen GmbH
Mascheroder Weg 1 b
* D-38124 Braunschweig
* Telephone exchange:(+49-531) 2616-0
* Telefax:(+49-531) 2616-418
* Patent department:(+49-531) 2616-254
II. National Institute of Bioscience and Human Technology (NIBH) (JP)
The schedule of fees of the NIBH has been amended with effect from 1 April 1994.
Detailed information is published in Industrial Property 1994, 65.
1 See Industrial Property 1994, 68.