Amendments to the Regulations Under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Source: http://www.wipo.int/treaties/en/notifications/budapest/treaty_budapest_1..., downloaded 20130703
Adopted by the Assembly of the Union for the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest Union) on January 20, 1981
I hereby certify that the foregoing text is a true copy of the amendments to the Regulations under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure done at Budapest on April 28, 1977, as adopted by the Assembly of the Union for the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest Union) on January 20, 1981, during its second (extraordinary) session held in Geneva from January 12 to 20, 1981. In accordance with the decision of the Budapest Union Assembly taken at that session, the said amendments entered into force on January 31, 1981.
Rule 5
Defaults by the International Depositary Authority
5.1 Discontinuance of Performance of Functions in Respect of Deposited Microorganisms
(a) [No change]
(b) [No change]
(c) [No change]
(d) [No change]
(e) In addition to any transfer effected under paragraph (a)(i), the defaulting authority shall, upon request by the depositor, transfer, as far as possible, a sample of any microorganism deposited with it together with copies of all mail or other communications and copies of all files and other relevant information referred to in paragraph (a)(ii) to any international depositary authority indicated by the depositor other than the substitute authority, provided that the depositor pays any expenses to the defaulting authority resulting from the said transfer. The depositor shall pay the fee for the storage of the said sample to the international depositary authority indicated by him.
(f) [No change]
5.2 [No change]
Rule 6
Making the Original Deposit or New Deposit
6.1 Original Deposit
(a) (No change in the introductory passage)
(i) an indication that the deposit is made under the Treaty and an undertaking not to withdraw it for the period specified in Rule 9.1;
(ii) [No change]
(iii) [No change]
(iv) [No change]
(v) an indication of the properties of the microorganism which are or may be dangerous to health or the environment, or an indication that the depositor is not aware of such properties.
(b) [No change]
6.2 New Deposit
(a) Subject to paragraph (b), in the case of a new deposit made under Article 4, the microorganism transmitted by the depositor to the international depositary authority shall be accompanied by a copy of the receipt of the previous deposit, a copy of the most recent statement concerning the viability of the microorganism which was the subject of the previous deposit indicating that the microorganism is viable and a written statement bearing the signature of the depositor and containing:
(i) the indications referred to in Rule 6.1(a)(i) to (v);
(ii) a declaration stating the reason relevant under Article 4(1)(a) for making the new deposit, a statement alleging that the microorganism which is the subject of the new deposit is the same as that which was the subject of the previous deposit, and an indication of the date on which the depositor received the. notification referred to in Article 4(1)(a) or, as the case may be, the date of the publication referred to in Article 4(1)(e);
(iii) where a scientific description and/or proposed taxonomic designation was/were indicated in connection with the previous deposit, the most recent scientific description and/or proposed taxonomic designation as communicated to the international depositary authority with which the previous deposit was made.
(b) Where the new deposit is made with the international depositary authority with which the previous deposit was made, paragraph (a)(i) shall not apply.
(c) For the purposes of paragraphs (a) and (b) and of Rule 7.4, "previous deposit" means,
(i) where the new deposit has been preceded by one or more other new deposits: the most recent of those other new deposits;
(ii) where the new deposit has not been preceded by one or more other new deposits: the original deposit.
6.3 Requirements of the International Depositary Authority
(a) Any international depositary authority may require:
(i) that the microorganism be deposited in the form and quantity necessary for the purposes of the Treaty and these Regulations;
(ii) that a form established by such authority and duly completed by the depositor for the purposes of the administrative procedures of such authority be furnished;
(iii) that the written statement referred to in Rule 6.1(a) or 6.2(a) be drafted in the language, or in any of the languages, specified by such authority, it being understood that such specification must at least include the official language or languages indicated under Rule 3.1(b)(v);
(iv) that the fee for storage referred to in Rule 12.1(a)(i) be paid; and
(v) that, to the extent permitted by the applicable law, the depositor enter into a contract with such. authority defining the liabilities of the depositor and the said authority.
(b) [No change]
6.4 Acceptance Procedure
(a) The international depositary authority shall refuse to accept the microorganism and shall immediately notify the depositor in writing of such refusal and of the reasons therefor:
(i) where the microorganism is not of a kind of microorganism to which the assurances furnished, under Rule 3.1(b)(iii) or 3.3 extend;
(ii) where the properties of the microorganism are so exceptional that the international depositary authority is technically not in a position to perform the tasks in relation to it, that it must perform under the Treaty and these Regulations;
(iii) where the deposit is received in a condition which clearly indicates that the microorganism is missing or which precludes for scientific reasons the acceptance of the microorganism.
(b) Subject to paragraph (a), the international depositary authority shall accept the microorganism when all the requirements of Rule 6.1(a) or 6.2(a) and Rule 6.3(a) are complied with. If any of those requirements are not complied with, the international depositary authority shall immediately notify the depositor in writing of that fact and invite him to comply with those requirements.
(c) When the microorganism has been accepted as an original or new deposit, the date of that original or new deposit, as the case may be, shall be the date on which the microorganism was received by the international depositary authority.
(d) The international depositary authority shall, on, the request of the depositor and provided that all the requirements referred to in paragraph (b) are complied with, consider a microorganism, deposited before the acquisition by such authority of the status off international depositary authority, to have been received, for the purposes of the Treaty, on the date on which such status was acquired.
Rule 7
Receipt
7.1 [No change]
7.2 [No change]
7.3 Contents in the Case of the Original Deposit
[No change in the introductory passage]
(i) [No change]
(ii) [No change]
(iii) the date of the original deposit as defined in Rule 6.4(c);
(iv) [No change]
(v) [No change]
(vi) [No change]
7.4 Contents in the Case of the New Deposit
Any receipt referred to in Rule 7.1 and issued in the case of a new deposit effected under Article 4 shall be accompanied by a copy of the receipt of the previous deposit (within the meaning of Rule 6.2(c)) and a copy of the most recent statement concerning the viability of the microorganism which was the subject of the previous deposit (within the meaning of Rule 6.2(c)) indicating that the microorganism is viable, and shall at least contain:
(i) the name and address of the international depositary authority;
(ii) the name and address of the depositor;
(iii) the date of the new deposit as defined in Rule 6.4(c);
(iv) the identification reference (number, symbols, etc.) given by the depositor to the microorganism;
(v) the accession number given by the international depositary authority to the new deposit;
(vi) an indication of the relevant reason and the relevant date as stated by the depositor in accordance with Rule 6.2(a)(ii);
(vii) where Rule 6.2(a)(iii) applies, a reference to the fact that a scientific description and/or a proposed taxonomic designation has/have been indicated by the depositor;
(viii) the accession number given to the previous deposit (within the meaning of Rule 6.2(c)).
7.5 Receipt in the Case of Transfer
The international depositary authority to which samples of microorganisms are transferred under Rule 5.1(a)(i) shall issue to the depositor, in: respect of each deposit in relation with which a sample is transferred, a receipt indicating that it is issued by the depositary institution in its capacity of international depositary authority under the Treaty and containing at least:
(i) the name and address of the international depositary authority;
(ii) the name and address of the depositor;
(iii) the date on which the transferred sample was received by the international depositary authority (date of the transfer.);
(iv) the identification reference (number, symbols, etc.) given by the depositor to the microorganism;
(v) the accession number given by the international depositary authority;
(vi) the name and address of the international. depositary authority from which the transfer was effected;
(vii) the accession number given by the international depositary authority from which the transfer was effected;
(viii) where the written statement referred to. in Rule 6.1(a) or 6.2(a) contained the scientific description and/or proposed taxonomic designation of the microorganism, or where such scientific description and/or proposed taxonomic designation was/were indicated or amended under Rule 8.1 at a later date, a reference to that fact.
7.6 Communication of the Scientific Description and/or Proposed Taxonomic Designation
On request of any party entitled to receive a sample of the deposited micro organism under Rules 11.1, 11.2 or 11.3, the international depositary authority shall communicate to such party the most recent scientific description and/or proposed taxonomic designation referred to in Rules 6.1(b), 6.2(a)(iii) or 8.1(b)(iii).
Rule 10
Viability Test and Statement
10.1 [No change]
10.2 Viability Statement
(a) [No change]
(b) [No change in the introductory passage]
(i) [No change]
(ii) [No change]
(iii) the date referred to in Rule 7.3(iii) or, where a new deposit or a transfer has been made, the most recent of the dates referred to in Rules 7.4(iii) and 7.5(iii);
(iv) [No change]
(v) [No change]
(vi) [No change]
(c) [No change]
(d) [No change]
(e) [No change]
Rule 11
Furnishing of Samples
11.1 [No change]
11.2 [No change]
11.3 [No change]
11.4 Common Rules
(a) [No change]
(b) Notwithstanding paragraph (a), where the request referred to in Rule 11.1 is made by an industrial property office whose official language is Russian or Spanish, the said request may be in Russian or Spanish, respectively, and the International Bureau shall establish, promptly and free of charge, a certified translation into English or French, on the request of that office or the international depositary authority which received the said request.
(c) [No change]
(d) [No change]
(e) [No change]
(f) The container in which the sample furnished is placed shall be marked, by the international depositary authority with the accession number given to the deposit and shall be accompanied by a copy of the receipt referred to in Rule 7, an indication of any properties of the microorganism which are or may be dangerous to health or the environment and, upon request, an indication of the conditions which the international depositary authority employs for the cultivation and storage of the microorganism.
(g) [No change]
(h) [No change]
11.5 Changes in Rules 11.1 and 11.3 when Applying to International Applications
Where an application was filed as an international application under the Patent Cooperation Treaty, the reference to the filing of the application with the industrial property office in Rules 11.1(i) and 11.3(a)(i) shall be considered a reference to the designation, in the international application, of the Contracting State for which the industrial property office is the "designated Office" within the meaning of that Treaty, and the certification of publication which is required by Rule 11.3(a)(ii) shall, at the option of the industrial property office, be either a certification of international publication under the said Treaty or a certification of publication by the industrial property office.
Rule 12
Fees
12.1 Kinds and Amounts
(a) [No change in the introductory passage]
(i) [No change]
(ii) [No change]
(iii) [No change]
(iv) subject to Rule 11.4(h), first sentence, for the furnishing of samples;
(v) for the communication of information under Rule 7.6.
12.2 [No change]
Rule 12bis
Computation of Time Limits
12bis.1 Periods Expressed in Years
When a period is expressed as one year or a certain number of years, computation shall start on the day following the day on which the relevant event occurred, and the period shall expire in the relevant subsequent year in the month having the same name and on the day having the same number as the month and the day on which the said event occurred, provided that if the relevant subsequent month has no day with the same number the period shall expire on the last day of that month.
12bis.2 Periods Expressed in Months
When a period is expressed as one month or a certain number of months, computation shall start on the day following the day on which the relevant event occurred, and the period shall expire in the relevant subsequent month on the day which has the same number as the day on which the said event occurred, provided that if the relevant subsequent month has no day with the same number the period shall expire on the last day of that month.
12bis.3 Periods Expressed in Days
When a period is expressed as a certain number of days, computation shall start on the day following the day on which the relevant event occurred, and the period shall expire on the day on which the last day of the count has been reached.
