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2.7.7.2 The New Deposit

Date Published

If the requirements of sec 6(c) or sec 6(d) cease to be satisfied, the applicant or patentee may take steps at a later time to ensure that the period during which the requirements were not satisfied may be disregarded (sec 41(4)).

These steps are discussed in further detail below.


Steps Required When Sec 6(d) Not Satisfied

Where the requirements of sec 6(d) cease to be satisfied:

  • The applicant or patentee must make a new deposit of the same micro-organism with an IDA.  
  • The prescribed period for making the new deposit is from the date that the requirement ceases to be satisfied to:
    • the end of the period 3 months after the applicant, patentee or depositor of the micro-organism has received/been given certain notifications regarding the deposit requirements (reg 3.30(c)(i) to 3.30(c)(iii)); or
    • the day on which the new deposit is made (reg 3.30(c)(iv)).
  • A copy of the new deposit receipt must be filed before acceptance (reg 3.1(2)), or in the case of an accepted application or patent, within 3 months of the date of receipt of the micro-organism by the IDA (reg 3.23(2)).
  • If a notice of entitlement is filed after the deposit requirements cease to be satisfied, it should reflect the details of the new deposit.  Otherwise, the original notice will suffice.
  • Where the new deposit is made outside the prescribed period specified above, the applicant or patentee must apply for an extension of time under sec 223.  Once the extension has been granted, the new deposit is deemed to have been made within the prescribed period.


Steps Required When Sec 6(c) Not Satisfied

Where the requirements of sec 6(c) cease to be satisfied:

  • The applicant or patentee must amend the specification to insert the details of the new deposit, i.e. the name of the prescribed depositary institution and the file, accession or registration number of the deposit.  
  • The prescribed period for amending the specification starts on the date that the requirement ceases to be satisfied and ends on the date of allowance of the amendment, unless:
  • the applicant, patentee or depositor of the micro-organism has received/been given certain notifications regarding the deposit requirements; and
    • the applicant or patentee has not asked for leave to amend the specification in the following 3 month period.
      (reg 3.30(d)(i) and 3.30(d)(ii)); see also below)
    • Where reg 3.30(d)(i) and/or reg 3.30(d)(ii) apply (see above), the applicant or patentee must apply for an extension of time under sec 223 in order to amend the specification.  Once the extension has been granted, the amendment is deemed to have been allowed within the prescribed period.

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