Notification that Deposit Requirements have Ceased to be Satisfied

Date Published

Under reg 3.29(1), a person other than the applicant or patentee may notify the Commissioner that the deposit requirements of sec 6(c) or sec 6(d) have ceased to be satisfied.  These requirements are that:

i. the name of a prescribed depositary institution from which samples of the micro-organism are obtainable as provided by the rules relating to micro-organisms; and

ii. the file, accession or registration number of the deposit given by the institution; and

  • at all times since the date of filing of the specification, samples of the micro-organism have been obtainable from a prescribed depositary institution as provided by those rules.

The Commissioner must provide the applicant or patentee with a copy of the notice as soon as practicable (reg 3.29(2)).

If examiners have any reason to believe that a deposited micro-organism, which has been relied upon for compliance with sec 40, is no longer viable, the matter is to be referred to the Supervising Examiner CHEM 1 for the possible issuing of a notification under reg 3.29(3) to the applicant or patentee.

In order for a notification to be issued, the Commissioner need only learn of facts which may establish that a deposit requirement referred to in reg 3.29(1) has ceased to be satisfied. It is not necessary for the Commissioner to be satisfied that the deposit is not viable.

If there is a notice under reg 3.29(1) on file, 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 Deposit Requirement Cease to be Satisfied should be followed.