Date Published

Note: The information in this part only applies to:

  • standard patent applications with an examination request filed before 15 April 2013.  
  • innovation patents with an examination request filed before 15 April 2013.
  • innovation patents where the Commissioner decided before 15 April 2013 to examine the patent.

For all other standard patent applications/innovation patents, see Introduction.

Subsection 40(2) requires that the complete specification fully describe the invention, including the best method of performing the invention.  These requirements cannot be easily met where it is impossible to fully describe a micro-organism in words, or where there are issues with reproducing the micro-organism.

Section 41 provides that sec 40(2)(a) can be satisfied by depositing a sample of the micro-organism in a depository. The deposit of a sample will only be recognised for the purposes of sec 41 if it has been made as prescribed by sec 6.

Australia is a signatory to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, which provides that:

"Contracting States which allow or require the deposit of microorganisms for the purposes of patent procedure shall recognize, for such purposes, the deposit of a microorganism with any international depositary authority". (Article 3)

Under the terms of the Budapest Treaty, a depositary must qualify for the status of an International Depositary Authority (IDA) (Article 6 and Article 7). The Treaty also requires the deposit to have been made in accordance with  Rule 6.

A list of the recognised IDAs is available from WIPO.  

Note: The International Patent Organism Depositary (IPOD), National Institute of Technology and Evaluation (NITE), was formerly known as the National Institute of Bioscience and Human-Technology, Agency of Industrial Science and Technology (NIBH).

Note: The All-Russian Collection of Industrial Microorganisms (VKPM) was formerly known as the Russian National Collection of Industrial Microorganisms (VKPM).