MANUAL FOR PATENT DEPOSITS
PRELIMINARY CONSIDERATIONS
WHY DEPOSIT (MICRO)BIOLOGICAL
MATERIAL WITH
A BCCM COLLECTION
Patent law requires
disclosure of the full details of an invention.
Descriptions and drawings proved to be inadequate and
insufficient if the invention involved the use of
microorganisms or plasmids for instance.
Therefore, it was internationally agreed that samples of
them have to be deposited in a culture collection
recognized as an "International Depository Authority
(IDA)" within the framework of the Budapest
Treaty on the international recognition of the
deposit of microorganisms for the purposes of patent
procedure.
BCCMTM
(Belgian Co-ordinated Collections
of Microorganisms), a consortium of 4
complementary research-based service culture collections
have been recognized as an IDA by the "World
Intellectual Property Organization (WIPO)" since
1992.
As a result of this
recognition, a single valid deposit with one of the
BCCM -collections automatically satisfies all the
requirements of the "European Patent Organization
(EPO)" and the Patent Offices of all other States
that are party to the Treaty.
Together they represent nearly all West European and a
large number of East European countries including the
CIS, as well as Australia, Japan, the United States,
etc...
DEFINITIONS
Microorganism: The
Budapest Treaty does not define the term.
In practice however it is used in a broad sense. Genetic
material (e.g. plasmids, oncogenes, RNA), human and
animal cell lines, hybridomas, although not being
microorganisms, fall under the rules of the Treaty since
their deposit is necessary for the purpose of disclosure
of the invention.
This manual uses "microorganism" and
"(micro)biological material" interchangeably.
|