REQUESTING A SAMPLE OF A DEPOSITED MICROORGANISM
TABLE OF CONTENTS
Request for a sample by
the patent depositor
Request for samples by a
third party
Request for a sample with
the authorization of the patent depositor
Request for a sample with
certification from an interested Industrial Property
Office
Request for a sample from
an interested Industrial Property Office
GENERAL
PRINCIPLES
This module of the practical guide informs depositors of the conditions under which samples of their deposited organism may be furnished under the rules of the Budapest Treaty and, at the same time, advises them and third parties of the requirements they must comply with when requesting a sample.
The furnished samples of
bacteria, filamentous and yeast fungi, and combinations
of host/genetic material usually originate from the
batches prepared by the BCCM™ collection
that were submitted to the depositor to check their
authenticity.
In the case of preparations of isolated genetic material
and of cell cultures, the samples are taken from the
material originally supplied by the depositor.
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REQUEST FOR A
SAMPLE BY THE DEPOSITOR
As the depositor, you can
request at any time a sample of your microorganism.
You are entitled to one sample free of charge.
To obtain a sample, you should:
Write a letter to BCCM™
collection, in English:
In which you ask for a sample of your microorganism (or
ask the BCCM™ collection for form
BP/11).
Complete form BP/11 or send the letter which should:
- contain your name and address;
- be signed and dated;
- mention the accession number the BCCM™ collection assigned to your deposited microorganism.
If all requirements have been
met:
- The BCCM™ collection will send you the requested sample together with the invoice (unless it was the free sample you are entitled to).
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REQUEST FOR
SAMPLES BY A THIRD PARTY
The Budapest Treaty permits the BCCM™ collection to furnish a sample of a particular microorganism, deposited for patent purposes, to a third party only in the following cases:
- if the request is accompanied by a written authorization of the depositor;
- if the request comes from or is accompanied by a certificate from an interested Industrial Property office, indicating the legitimacy of the request;
- if an interested Industrial Property Office has already notified BCCM™ that the microorganism may be distributed without the need for such authorization.
Remarks:
- an "interested" Office is an Office where a patent application referring to that microrganism has been filed or a patent has been granted;
- samples will never be sent to private addresses;
- the requesting party should meet required import regulations for his own country;
- for hazardous organisms, the requesting party should prove he has a permit for handling them.
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REQUEST FOR A
SAMPLE WITH THE AUTHORIZATION OF THE DEPOSITOR
The depositor has the
right to permit the furnishing of a sample of the
microorganism he deposited to whomever he pleases.
To obtain the authorization:
The requesting party should
ask BCCM™ for form BP/11.
Remark:
BCCM™ will
never divulge the fact that a microorganism has been
deposited with them under the Budapest Treaty.
Therefore, if the requesting party does not know the
identity of the depositor and thinks he is entitled to a
sample, he should try to obtain the sample e.g. with
certification from an interested Industrial Property
Office.
The requesting party
should-after completion in English of items I, III and
IV-send form BP/11 to the depositor.
He should ask the depositor to fill out item II of the
form, in English.
Once the authorization
obtained, the requesting party should send BCCM™ :
- a letter requesting the sample;
- a purchase order;
- form BP/11 completed by the depositor.
If all requirements have been
met, BCCM™ will send the requesting party:
- the indication of properties which are or may be dangerous to human health or the environment;
- the sample, with the accession number marked on the container;
- a copy of the receipt (form BP/4);
- on special request, the normal provisions for cultivation and storage, a copy of the most recent scientific description and/or proposed taxonomic designation (if available) and/or viability statement;
- the invoice for the sample and, if applicable, for the scientific or taxonomic designation and viability statement.
The requesting party should
pay the invoice to BCCM™ .
Unless the depositor waived his
right to be informed, BCCM™ will send him:
- a copy of the request;
- a copy of form BP/11;
- a completed form BP/14.
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REQUEST FOR A
SAMPLE WITH CERTIFICATION FROM AN INTERESTED INDUSTRIAL
PROPERTY OFFICE
The requesting party should
ask BCCM™ for form BP/12 and specify to which interested
Office he is to send his request for certification.
He should verify whether BCCM™ are aware of
the existence of other or supplementary forms used by the
Industrial Property Office (or e.g. the European Patent
Office).
The requesting party should
complete his part of the form(s) in English.
The requesting party should
send the form(s) to the Industrial Property Office to
obtain the certification.
He should also pay to the Industrial Property Office, any
fee due.
When the completed form(s)
return from the Industrial Property Office:
and if the requesting party received the appropriate
certification, he should send BCCM™ (maybe
the Office will do it for him):
- the form(s) with the certification;
- the request for a sample;
- a purchase order.
If all the requirements have
been met, BCCM™ will send the requesting party:
- the indication of properties which are or may be dangerous to human health or the environment;
- the sample, with the accession number marked on the container;
- a copy of the receipt (form BP/4);
- on special request, the normal provisions for cultivation and storage, a copy of the most recent scientific description and/or proposed taxonomic designation (if available) and/or viability statement;
- the invoice for the sample and, if applicable, for the scientific description or taxonomic designation and viability statement.
The requesting party should
pay the invoice to BCCM™
Unless the depositor waived
his right to be informed, BCCM™ will send him:
- a copy of the request;
- a copy of form BP/12;
- a completed form BP/14.
Remark:
Microorganisms that are
the subject of a published US-patent are freely
available.
The requesting party should ascertain whether BCCM™
is aware of such a publication.
If BCCM™ is unaware, he should
accompany his request with the number and date of the
patent, name of the applicant and a copy of the page
referring to the accession number of the microorganism
(or he should ask BCCM™ to
verify the publication before furnishing a sample).
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