The Subject Patent Already Has Underlining or ... - Bayhdolecentral
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The Subject Patent Already Has Underlining or ... - Bayhdolecentral
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1823.01 MANUAL OF PATENT EXAMINING PROCEDURE<br />
any such Office is a designated Office, provided that<br />
the requirements have been published in the PCT<br />
Gazette. AnnexL of the PCT Applicant's Guide indicates,<br />
f<strong>or</strong> each of the national (<strong>or</strong> regional) Offices,<br />
the requirements (if any) of this kind which have been<br />
published.<br />
If any indication is not included in a reference to a<br />
deposited biological material contained in the international<br />
application as filed, it may be furnished to the<br />
International Bureau within 16 months after the pri<strong>or</strong>ity<br />
date unless the International Bureau has been notified<br />
(and, at least 2 months pri<strong>or</strong> to the filing of the<br />
international application, it has published in the PCT<br />
Gazette) that the national law requires the indication<br />
to be furnished earlier. However, if the applicant<br />
makes a request f<strong>or</strong> early publication, all indications<br />
should be fumished by the time the request is made,<br />
since any designated Office may regard any indication<br />
not furnished when the request is made as not having<br />
been furnished in time.<br />
No check is made in the international phase to<br />
determine whether a reference has been furnished<br />
within the prescribed time limit. However, the International<br />
Bureau notifies thedesignated Offices of the<br />
date(s) on which indications, not included in the international<br />
application as filed, were furnished to it.<br />
Those dates are also mentioned in the pamphlet containing<br />
the published international application. Failure<br />
to include a reference to a deposited biological material<br />
(<strong>or</strong> any indication required in such a-reference) in<br />
the international application as filed, <strong>or</strong> failure to furnish<br />
it. (<strong>or</strong> the indication) within the prescribed time<br />
limit, has no consequence if the national law does not<br />
require the reference (<strong>or</strong> indication) to befurnished in<br />
a national application. Where there is a consequence,<br />
it is the same as that which applies under the national<br />
law.<br />
To the extent that indications relating to the deposit<br />
of a biological material are not given in the description,<br />
because they are furnished later, they may be<br />
given in the "optional sheet" provided f<strong>or</strong> that purpose.<br />
If the sheet.is submitted when the international<br />
application is filed, a reference to it should be made in<br />
the check list contained on the last sheet of the request<br />
f<strong>or</strong>m. Should Japan be designated, such a sheet must,<br />
if used, be included as one of the sheets of the description<br />
at the time of filing; otherwise the indications<br />
given in it will notbe taken into account by the Japa-<br />
August2001<br />
1800-26<br />
nese <strong>Patent</strong> Office in the national phase. If the sheet is<br />
furnished to the International Bureau later, it must be<br />
enclosed with a letter.<br />
Each national (<strong>or</strong> regional) Office whose national<br />
law provides f<strong>or</strong> deposits of biological material f<strong>or</strong><br />
the purposes of patent procedure notifies the International<br />
Bureau of the depositary institutions with<br />
which the national law permits such deposits to be<br />
made. Inf<strong>or</strong>mation on the institutions notified by each<br />
of those Offices is published by the International<br />
Bureau in the PCT Gazette:<br />
A reference to a deposit cannot be disregarded by a<br />
designated Office f<strong>or</strong> reasons pertaining to the institution<br />
with which the biological material was deposited<br />
if the deposit referred to is one made with a depositary<br />
institution notified by that Office. Thus, by consulting<br />
the PCT Gazette <strong>or</strong> Annex L of the PCT Applicant's<br />
Guide, the applicant can be sure that he has deposited<br />
the biological material with an institution which will<br />
be accepted by the designated Office;<br />
International Searching Auth<strong>or</strong>ities and International<br />
Preliminary Examining Auth<strong>or</strong>ities are not<br />
expected to request access to deposited biological<br />
material. However, in <strong>or</strong>der to retain the possibility of<br />
accessto a deposited biological material referred to in<br />
an international application which is being searched<br />
Or examined by such an Auth<strong>or</strong>ity, the PCT provides<br />
that the Auth<strong>or</strong>ities may, if they fulfill certain conditions,<br />
ask f<strong>or</strong> samples. Thus, an Auth<strong>or</strong>ity may only<br />
ask f<strong>or</strong> samples if it has notified the International<br />
Bureau (in a general notification) that it may require<br />
samples and the International Bureau has published<br />
the notification in the PCT Gazette. <strong>The</strong> only Auth<strong>or</strong>ity<br />
which has made such a notification (and thus the<br />
only Auth<strong>or</strong>ity which may request samples) is the<br />
Japanese <strong>Patent</strong> Office. If a sample is asked f<strong>or</strong>, the<br />
request is directed to the applicant, who then becomes<br />
responsible f<strong>or</strong> making the necessary arrangements<br />
f<strong>or</strong> the sample to be provided.<br />
<strong>The</strong> furnishing of samples of a deposit of a biological<br />
material to third persons is governed by the<br />
national laws applicable in the designated Offices.<br />
PCT Rule 13 bis.6(b), however, provides f<strong>or</strong> the delaying<br />
of any furnishing of samples under the national<br />
law applicable in each of the designated (<strong>or</strong> elected)<br />
Offices until the start of the national phase, subject to<br />
the ending of this "delaying effect" brought about by<br />
the occurrence of either of the following two events: