Section 6 Examination Practice

Date Published

An applicant can only rely on a micro-organism deposit to satisfy the requirements of sec 40(2)(a) (i.e. clear enough and complete enough disclosure or full description) if the deposit requirements of sec 6 have been met (see Deposit Requirements Under Section 6).  

Specifically, sec 6(c) requires that the specification has included, at all times since the end of the prescribed period:

  • the name of the prescribed depositary institution from which samples of the micro-organism are obtainable; and
  • the file, accession or registration number of the deposit.

If the requirements of sec 6(c) have not been met, an objection should be taken that the complete specification does not comply with sec 40(2)(a) (see, for example, PERP codes [E70] and [E70A]).

Where sec 6(c) information has not been included in the specification, it may be possible to insert the material under sec 104, provided a sec 223 extension of time is granted.  For information on when an extension of time is required, and the processing of sec 104 amendments to include sec 6(c) information, see 2.7.5 Amendments to Insert Section 6(c) Information and Extensions of Time Therefor.