Budapest Notification No. 11
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 Acquisition of the Status of International Depositary Authority by the American Type Culture Collection

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 November 17, 1980, of a written communication from the Government of the United States of America, relating to the American Type Culture Collection, indicating that the said depositary institution is located on the territory of the United States of America and including a declaration of assurances to the effect that the said institution complies and will continue to comply with the requirements concerning the acquisition of the status of international depositary authority as specified in Article 6(2) of 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.

The American Type Culture Collection will acquire the status of international depositary authority under the said Treaty as from January 31, 1981, the date of publication of the said communication in the January 1981 issue of Industrial Property/La Propriété industrielle (see Article 7(2) of the said Treaty).

December 3, 1980


Text of the Written Communication of the Government of the United States of America dated October 28, 1980, relating to the American Type Culture Collection

COMMUNICATION

As provided in Article 7 of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, my Government proposes as an international depositary authority the American Type Culture Collection. We offer our assurances that the American Type Culture Collection can and will meet every requirement prescribed by the Treaty and Rules thereunder for international depositary authorities. Accordingly, my Government requests that you, as soon as possible, take the steps necessary to confer this status on the American Type Culture Collection.

The American Type Culture Collection is located in the United States at 12301 Parklawn Drive, Rockville, Maryland 20852. It has been in continuous existence as a culture collection for 55 years. Operating as a private non-profit corporation, the American Type Culture Collection has been chartered since its founding in 1925 to acquire, preserve, authenticate and distribute samples of bacteria, algae, protozoa, fungi, cell cultures and viruses (animal, bacterial, plant and fungal) to requesters around the world.

It has an undisputed and world-wide reputation for scientific and administrative competence. Of its staff of more than 100 members, half or more possess university degrees (PhD, MS or BS) in pertinent scientific fields. Many of its staff have been continuously employed there for more than fifteen years.

Throughout its existence, the American Type Culture Collection has accepted microorganisms for deposit from any depositor under the same conditions. It will accept for deposit under the Budapest Treaty the following: algae, bacteria (including actinomycetes), bacteria containing plasmids (with the limitations noted below), bacteriophages, cell, cultures (including hybridoma lines), fungi (including yeasts), protozoa and animal and plant viruses (with the limitations noted below).

The American Type Culture Collection must be informed, in advance of accepting a deposit for a bacterium containing a plasmid, of the physical containment level required for experiments using the host vector system, as described in the 1980 National Institutes of Health Guidelines for Research involving Recombinant DNA Molecules (i.e., P1, P2, P3 or P4 facility). The American Type Culture Collection, for the time being, will accept only those hosts containing plasmids which can be worked in a Pi or P2 facility.

Certain animal viruses may require viability testing in an animal host, which the American Type Culture Collection may be unable to provide. In a case where it cannot provide viability testing, the deposit cannot he accented. Plant viruses which cannot be mechanically inoculated also cannot be accepted.

The American Type Culture Collection has been an acceptable depository for more than 20 years in connection with United States and foreign microbiological patents. In its long history, there has never been a failure to observe any requirement of a national patent law or to apply the highest administrative and scientific standards to deposits stored therein.

My Government has further concluded that the American Type Culture Collection will store each deposit made in accordance with the Treaty with all the care necessary to keep it viable and uncontaminated for at least 30 years after deposit. There are sufficient safety measures in operation to minimize the risk of losing deposits of microorganisms; e.g., a 24-hour alarm to alert the staff of any electrical failure and a backup generator for emergency purposes. There is always a guard on duty to monitor these facilities.

As required by Rule 3.1(b)(iv), enclosed is the fee schedule for the American Type Culture Collection applicable to deposits made under the Budapest Treaty. These fees do not vary on account of the nationality or residence of the person paving them. Please be further advised, as required by Rule 3.1(b)(v), that it will conduct business in English in regard to these deposits.

We request that this recognition be conferred as from the date of publication of this communication.

AMERICAN TYPE CULTURE COLLECTION
12301 Parklawn Drive
Rockville, Maryland 20852

FEE SCHEDULE

Fee for maintenance and availability of a culture for the period of time specified under the Budapest Treaty for all cultures acceptable is $570.00.

Fee for Viability Testing Is:  
  Bacteria (without plasmids) $100.00
  Fungi, including yeast 100.00
  Protozoa 100.00
  Algae 100.00
  Animal Cell Cultures including hybridoma lines, animal and plant viruses* Fee must be decided on an individual basis

* Viability: The testing of some of these items may require testing in animals (i.e. horse) or other expensive procedures and cannot be predetermined until the nature of the material is known.

Fee to inform depositors of requests for a strain for 30 years is $300.00