In certain cases an invention may relate to biological material (or the use of it) that is neither public nor can be described in the application documents in such a way that a specialist can make use of the invention. The biological material must then be deposited to a special depositary authority no later than on the filing date of the application.

Those who have the proper authority may obtain a sample of the deposited material. The description or a separate deposition certificate should make clear that the material was deposited in accordance with the Budapest Treaty.

The description should also state the number allocated to the deposition by the depositary authority.

Information about which institutions are international depositary authorities can be found in WIPO’s Guide to the Deposit of Microorganisms under the Budapest Treaty, Part II, Section D.

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