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Date Published

After receiving a request for certification authorising release of a sample, the Commissioner must invite submissions on the matter from:

the person who made the request;

(reg 3.25(3))

Where submissions are filed within the time specified, these will be taken into consideration by the Commissioner.  Notwithstanding this, the Commissioner must grant the certification where the requirements of reg 3.25B are met.  However, the Commissioner may impose certain conditions on granting certification for release.

The Commissioner will notify the relevant parties of any decision regarding the request for release as soon as practicable after the date of the decision (reg 3.25H).

Note: A request will not be granted in respect of a PCT application that has not entered the national phase (reg 3.25B(5)).

Note: Where there is a pending decision on a request for a certification authorising release of a micro-organism, and the applicant or patentee files proposed sec 104 amendments relating to sec 6(c) information (i.e. the name of the prescribed depositary institution and/or the file, accession or registration number of the deposit), the procedures outlined in Amendment Procedure When a Request for Certification for Release is Pending should be followed.

Procedure for Informing Applicant or Patentee of Request

The applicant (or patentee) must be informed that a request for the Commissioner's certification authorising release of a sample of a micro-organism has been made.

The Supervising Examiner CHEM 1 must send the applicant a covering letter (see 2.7 Annex D – Notification to Applicant of Request for Release), together with:

  • a copy of the request for certification (Form P/00/031);
  • a copy of the undertaking by the requestor (Form P/00/031);
  • copies of any correspondence sent to the requestor; and
  • copies of any Form BP/12 (2.7 Annex A – Form BP/12).

The micro-organism requested for release must be a Budapest Treaty deposit. If there is no evidence on file that it is a Budapest Treaty deposit, a statement indicating that the Office has assumed that the deposit was made under the Rules of the Budapest Treaty must be included in the covering letter to the applicant (see 2.7 Annex D – Notification to Applicant of Request for Release).

The applicant has one month from the date of the letter to provide submissions, if any.

The Supervising Examiner CHEM 1 will handle any further correspondence that relates to formality issues.  However, other matters of substance, such as security, should be referred to the Assistant General Manager (OEP) (see also Conditions on Granting the Certification for Release).

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