2.7.6 Release of a Sample of Deposit

Date Published

Under sec 6(d), it is a requirement that a sample of a micro-organism has been obtainable from a prescribed depositary institution at all times since the filing of the specification.  The term "prescribed depositary institution" includes an International Depositary Authority (IDA) under Rule 3 of the Budapest Treaty.

A sample of a micro-organism deposited under the Budapest Treaty can be obtained from an IDA under Rule 11.3. The procedures for the release of a sample, including any restrictions on that release, are outlined in the following sections.