Date Published

Note: The information in this part only applies to:

  • standard patent applications with an examination request filed on or after 15 April 2013.
  • innovation patents with an examination request filed on or after 15 April 2013.
  • innovation patents where the Commissioner had not 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 disclose the invention in a clear enough and complete enough manner, including the best method of performing the invention.  These requirements cannot be easily met where it is impossible to provide an enabling disclosure of a micro-organism in words, or where there are issues with reproducing the micro-organism.

Section 41 provides that sec 40(2) can be satisfied by depositing a sample of the micro-organism in a depository. The deposit of a sample of the micro-organism 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).