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Budapest Notification No. 97
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

Communication of the United States of America Relating to the Status of In Vitro International, Inc. (IVI) as an International Depositary Authority

The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify him of the receipt, on April 2, 1991, of a written communication from the Government of the United States of America, dated March 4, 1991, relating to the status of In Vitro International, Inc. (IVI), as an international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, as amended on September 26, 1980 (see Budapest Notification No. 34 of November 3, 1983). The text of the said communication is attached.

Pursuant to Article 8(2)(b) of the Budapest Treaty and of Rule 4.2(c) of the Regulations under that Treaty, the assurances in the declaration made by the United States of America with respect to In Vitro International, Inc. (IVI) will not be applicable to any microorganism the original deposit of which is made, pursuant to Rule 6.1 of the Regulations under that Treaty, with In Vitro International, Inc. (IVI) after the expiration of three months from the date of the said communication, that is, June 4, 1991. In Vitro International, Inc. (IVI) will continue to have the status of an international depositary authority under the Budapest Treaty in respect of the microorganisms deposited with it prior to June 4, 1991, or in respect of new deposits of the same microorganisms (see Article 4 of the Budapest Treaty and Rule 6.2 of the Regulations under that Treaty) made with it on or after that date.

April 8, 1991

Text of the Written Communication of the United States of America, dated March 4, 1991, Relating to the Status of In Vitro International, Inc. (IVI) as an International Depositary Authority

COMMUNICATION

The Patent and Trademark Office has recently been informed that In Vitro International, Inc. (IVI), of Linthicum, Maryland, an international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, is seeking to terminate its status as such an authority.

I am hereby notifying you that the United States has determined that it can no longer assure that IVI is able to continue to comply with the requirements of Article 6(2) of the Budapest Treaty with respect to any original deposits hereafter made with IVI pursuant to Rule 6.1 of the Regulations under the Treaty.

We are in the process of informing patent owners and patent applicants, who made deposits with IVI, of the determination by the United States and of the existence of other international depositary authorities operating both inside and outside of the United States. We are also publishing notices of the determination in the Official Gazette and the Federal Register.

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