We are currently developing a new site to host the Patent Manual of Practice and Procedure. The BETA version of this site is now available for you to review. The information and content displayed in the BETA site is only available for testing purposes. Do not use or reference the information in the BETA site when making any decisions or actions regarding IP rights. Deposit Receipt and Notice of Entitlement to Rely on Deposit

Date Published

In this topic:

Where a micro-organism is deposited with a prescribed depositary institution, the applicant is required to file:

  • a copy of the deposit receipt issued by the prescribed depositary institution.  If the receipt is not in English, a translation of the receipt must be provided. (For translations filed before or on 25 September 2019, a certificate of verification for the translation must also be provided).  

The receipt attests that the depositary received and accepted a sample of the micro-organism which has been deposited under the Budapest Treaty. It should bear the signature of the person(s) having the power to represent the authority, or an official who is duly authorised by that person.


  • a notice of entitlement stating the applicant's right to rely on a deposited micro-organism for the purpose of patent procedure and providing support for such entitlement.

(see sec 29(1) and reg 3.1(2))

The time for filing the documents is:

  • before acceptance of a patent application (reg 3.1(2)); or
  • for accepted applications or patents, within 3 months of the date of receipt of the micro-organism by the depositary (reg 3.23(2)).

Examination Practice

Examiners should review the contents of the deposit receipt and its time of filing as outlined in Contents of the Receipt. The accession number and name of the institution disclosed in the specification should be consistent with those on the receipt.  Where there are any inconsistencies, or information is missing from the receipt, an objection should be taken (see, for example, PERP codes [E72] – [E74]).

If a copy of the deposit receipt, a (verified) translation of the receipt (where necessary) and/or a notice of entitlement to rely on the deposit have not been provided, an objection should be taken (see, for example, PERP codes [E71] and [E75]).   

Back to top