Budapest Notification No. 165
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Communication by the Russian Federation Regarding the Extension of the List of Kinds of Microorganisms accepted for deposit by the Russian National Collection of Industrial Microorganisms (VKPM), GNII Genetika
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 July 7, 1998, of the written communication of the Government of the Russian Federation, on the extension of the list of kinds of microorganisms accepted for deposit by the Russian National Collection of Industrial Microorganisms (VKPM), GNII Genetika, 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 Notifications Nos. 63, 108 and 129 of July 28, 1987, September 15, 1992 and July 18, 1994, respectively). The text of that communication and its annex is attached.
The list so extended of the kinds of microorganisms accepted for deposit by the Russian National Collection of Industrial Microorganisms (VKPM), GNII Genetika, will be published in the July/August 1998 issue of the relevant WIPO periodical. The extended list will take effect as from the date (August 31, 1998) of that publication.
August 12, 1998
Text of the Communication of the Government of the Russian Federation, received on July 7, 1998, regarding the extension of the list of kinds of microorganisms accepted for deposit by the Russian National Collection of Industrial Microorganisms (VKPM), GNII Genetika
[Original: English]
COMMUNICATION
Referring to Article 7 of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, Rule 3.3. of the Regulations under the Budapest Treaty and the communication dated May 7, 1998, from the Russian National Collection of Industrial Microorganisms (VKPM), GNII Genetika, Dorozhny proezd, 1, RU 113545, Moscow, I inform you about the extension of the list of kinds of microorganisms accepted by the said depositary authority.
At present, VKPM can accept for deposit not only non-pathogenic bacteria, non-pathogenic fungi (including yeasts), plasmids (in hosts), but also bacteriophages, eukaryotic DNAs, plasmid's DNA, human, animal and plant cell cultures, and hybridomas.
The present communication of the Russian National Collection contains detailed information about all kinds of accepted microorganisms and some specific requirements for the deposit of the said collection.
RUSSIAN NATIONAL COLLECTION OF INDUSTRIAL MICROORGANISMS (VKPM)
GNII Genetika
Dorozhny proezd, 1
MOSCOW 113545
Russian Federation
Telephone: (7-095) 315 12 10
Telefax: (7-0095) 315 05 01
E-mail: vkpm@vnigen.mks.su
1. Requirements for Deposit
(a) Kinds of Microorganisms that May Be Deposited
Bacteria (including actinomycetes) and microscopic fungi (including yeasts) bacteriophages, plasmids (in host or as an isolated DNA), plant cell cultures, animal and human cell cultures (including hybridoma lines), except:
- microorganisms having properties which are or may be dangerous to health or the environment;
- microorganisms which need the special containment required for experiments.
Deposits containing recombinant DNA molecules do not require physical containment level higher than level P2 as described in the National Institutes of Health "Guidelines for Research Involving Recombinant DNA Molecules" (USA).
(b) Technical Requirements and Procedures
(i) Form and Quantity
VKPM prefers to receive microorganisms submitted for deposit as lyophilized preparations. Where it is undesirable or impossible to supply lyophilized preparations, active cultures growing in or on a suitable nutrient medium are acceptable. The minimum number of replicates that must be supplied by the depositor is as follows:
| Fungi, yeasts, bacteria, plasmids (in host) | 20 lyophilized cultures plus 1 agar culture, or 2 agar cultures | |
| plasmids (purified DNA) | 25 vials (100 ng each) | |
| cell lines and hybridomas | 25 frozen samples | |
| bacteriophages | 5x0.5ml (free cell lysate) (at least 108 pfu/ml) |
Bacteriophages and plasmids are required to be sent with a suitable host, if such a host is not available in the public collection of VKPM.
(ii) Time Required for Viability Testing
The average length of time requested for testing the viability of the various kinds of microorganisms accepted by VKPM is given below:
| bacteria, plasmids in hosts | 7 days | |
| fungi, yeasts, plasmids as DNA, bacteriophages, cell lines, hybridomas | 14 days |
(iii) Depositor Checks and Renewal of Stocks
VKPM prepares its own lyophilized and/or frozen batches of bacteria and fungi at the time of deposit by subculturing material supplied by the depositor (but not from plasmids, bacteriophages, plant, animal and human cell cultures). New batches are prepared from these as necessary thereafter for the renewal of diminishing stocks. The depositor is required to test for authenticity samples from all batches prepared by VKPM.
Despite the method used for preparing batches of samples for distribution, VKPM nevertheless stores a portion of the original material supplied by the depositor, if the culture supplied allows this.
(c) Administrative Requirements and Procedures
(i) General
Language. The official language of VKPM is Russian. Communications may also be exchanged in English.
Contract. VKPM does not enter into any written contract with the depositor defining the liabilities of either party, except the VKPM-BP/1 application form, which the depositor is required to complete.
Import and/or Quarantine Regulations. Certain microorganisms accepted for deposit by VKPM are subject to import regulations. VKPM may obtain on behalf of the depositor the necessary import permits; however, the depositor must supply information on the non-pathogenecity of the microorganisms.
Microorganisms accepted for deposit by VKPM must not be subject to quarantine regulations.
(ii) Making the Original Deposit
Requirements to Be Met by the Depositor. The depositor is required to complete the VKPM-BP/1 accession form for patent deposits (the equivalent of model form BP/1). In the event of a later indication or amendment of the scientific description and/or proposed taxonomic designation, the depositor must complete model form BP/7.
Official Notifications to the Depositor. The receipt and the viability statement are issued on mandatory "international forms" BP/4 and BP/9, respectively. Notification of the furnishing of samples to third parties is issued on model form BP/14. VKPM uses the standard form in preference for the other official notifications.
Unofficial Notifications to the Depositor. If requested, VKPM will telephone or telefax the date of deposit and accession number before the official receipt is issued, but only after the viability test has been carried out and has given a positive result. VKPM will similarly communicate the results of the viability test before the viability statement is issued.
Supply of Information to Patent Agent. If requested, VKPM supplies copies of the receipt and viability statement to the depositor's patent agent.
(iii) Converting a Previous Deposit
Deposits made outside the provisions of the Budapest Treaty may be converted to Budapest Treaty deposits, provided that they were originally made for patent purposes, or they were confidential for safe-keeping. All converted deposits are subject to the payment of the storage fee normally levied for Budapest Treaty deposits. The administrative requirements for conversion of a deposit are the same as those to be met by an original deposit made under the Treaty.
(iv) Making a New Deposit
When making a new deposit, the depositor is required to complete model form BP/2 and to send copies of the relevant documents specified in Rule 6.2; otherwise the procedure is similar to that when making an original deposit.
2. Furnishing of Samples
(a) Requests for Samples
VKPM advises third parties of the correct procedure to follow in order to make a valid request and will supply such parties with copies of model request form BP/12.
(b) Notification of the Depositor
VKPM notifies the depositor on form BP/14 each time a sample of his deposit is furnished to a third party.
(c) Cataloguing of Budapest Treaty Deposits
At the request of the depositor, VKPM lists Budapest Treaty deposits in its published catalog. All microorganisms that are the subject of granted and published patents of the Russian Federation are listed in the catalog.
3. Schedule of Fees
| US dollars | ||||
| (a) | Storage (30 years) | 300 | ||
| (b) | Issuance of viability statement | |||
| - bacteria, fungi, bacteriophages, plasmids | 100 | |||
| - plasmid DNA | 150 | |||
| - cell lines, hybridomas | 150 | |||
| (c) | Furnishing of samples | |||
| - bacteria, fungi, bacteriophages, plasmids | 100 | |||
| - cell lines, hybridomas | 150 | |||
| (d) | Communication of information under Rule 7.6 or issuance of an attestation under Rule 8.2 | 25 | ||
| (e) | Other fees (communication, carriage) | according to effective cost | ||
4. Guidance for Depositors
VKPM produces notes for the guidance of potential depositors.