Budapest Notification No. 90
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Notification of the European Patent Organisation (EPO) Relating to an Extension of the List of Kinds of Microorganisms Accepted, for Deposit, by the Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSM)
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 9, 1990, of the notification of the European Patent Organisation (EPO), dated July 4, 1990, stating an extension of the list of kinds of microorganisms accepted, for deposit, by the Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSM), 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. 22 of August 27, 1981). The text of that notification is attached.
The list so extended of the kinds of microorganisms accepted, for deposit, by the Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSM) will be published in the September 1990 issue of Industrial Property/La Propriété industrielle. The extended list will take effect as from the date (September 30, 1990) of that publication.
July 27, 1990
Text of the Notification of the European Patent Organisation (EPO), dated July 4, 1990, Relating to an Extension of the List of Kinds of Microorganisms Accepted, for Deposit, by the Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSM)
[Original: French; Translation provided by the International Bureau of WIPO]
NOTIFICATION
1. Pursuant to Rule 3.3 of the Regulations under the Budapest Treaty, I have the honor to notify you that the assurances given by the European Patent Organisation in its communications of July 23, 1981, and March 8, 1988, to the effect that the Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSM), in its capacity as international depositary authority, complies and will continue to comply with the requirements specified in Article 6(2) of the Treaty, are extended with certain limitations, to the following kinds of microorganisms:
- plant viruses
- plant cell cultures.
Annex I reproduces the entirety of the kinds of microorganisms now accepted by the authority.
2. With reference to Rule 12 of the Budapest Treaty, I have the honor to inform you that DSM will charge the fees shown in Annex II hereto in respect of the kinds of microorganisms added to the list of kinds of microorganisms previously accepted.
3. Finally, I am informing you in Annex III of the requirements DSM wishes to apply under Rule 6.3 of the Budapest Treaty to the kinds of microorganisms added to the list of kinds of microorganisms previously accepted. For the sake of clarity, Annex III reproduces all the requirements of the authority under Rule 6.3
[Annexes follow (language versions provided by the EPO)]
ANNEX I
KINDS OF MICROORGANISMS ACCEPTED FOR DEPOSIT BY THE DEPOSITARY AUTHORITY
The following are accepted for deposit:
1. Bacteria, including actinomycetes,
2. fungi, including yeasts,
3. bacteriophages,
4. plasmids
(a) in a host,
(b) as an isolated DNA preparation,
5. plant viruses,
6. plant cell cultures.
Re points 1, 2, 3 and 4:
The DSM accepts for deposit only those bacteria, fungi, bacteriophages and plasmids which, pursuant to DIN 58 956 Part 1 (supplementary sheet 1), belong to hazard group I or II.
Re points 1, 2, 3 4, 5 and 6:
It must be possible to process genetically manipulated strains or isolated DNA and also genetically manipulated plant viruses and plant cell cultures in accordance with Laboratory Safety Measures L1 or L2 contained in "Richtlinien zum Schutz vor Gefahren durch in-vitro neukombinierte Nukleinsäuren" (5th revised version, German Federal Ministry for Research and Technology, May 1986, Bundesanzeiger Verlagsgesellschaft mbH, Cologne) (Guidelines on protection against hazards resulting from in vitro recombinant nucleic acids).
Re point 5:
Plant viruses which canes multiply through mechanical infection of plants cannot be accepted for deposit.
Re point 6:
Plant cell cultures can only be deposited in the form of callus or suspension cultures with non-differentiated growth. The material for deposit must be free from contamination by foreign organisms.
For all deposits:
Notwithstanding the restrictions mentioned above the DSM reserves the right to refuse to accept for deposit material which in its view represents an unacceptable hazard.
In all instances, it must be possible to preserve the deposited material by lyophilisation or storage in liquid nitrogen or by some other method of long-term preservation without significant change.
ANNEX II
FEE SCHEDULE (RULE 12.1 OF THE BUDAPEST TREATY)
A. The fees relating to bacteria, fungi, bacteriophages and plasmids are set out in Industrial Property 1990, 71.
B. The fees relating to plant viruses are the same as those for the organisms specified in A. above.
C. The fees for the deposit of plant cell cultures are as follows:
| DEM | ||||
| 1. | (a) | storage according to Rule 12.1(a)(i) of the Budapest Treaty | 2,500 | |
| (b) | conversion of a deposit made outside the Budapest Treaty into a deposit according to the Budapest Treaty | 2,500 | ||
| (c) | prolongation of the duration of the storage over the one provided by Rule 9 of the Budapest Treaty, per year | 80 | ||
| 2. | issuance of a viability statement under Rule 12.1(a)(iii) of the Budapest Treaty | |||
| (a) | where a viability test is also requested | 200 | ||
| (b) | on the basis of the last viability test | 40 | ||
| 3. | furnishing of a sample under Rule 12.1(a)(iv) of the Budapest Treaty (plus current freight costs) | 200 | ||
| 4. | communication of information under Rule 7.6 of the Budapest Treaty | 40 | ||
| 5. | attestation referred to in Rule 8.2 of the Budapest Treaty | 40 | ||
As a general rule, the fees under 1, 2, 4 and 5 above are subject to VAT, currently at the rate of 7%. Where samples are furnished, VAT is payable only by requesting parties in the Federal Republic of Germany.
ANNEX III
REQUIREMENTS UNDER RULE 6.3 OF THE BUDAPEST TREATY
1.*(a) Bacteria and fungi should, where possible, be deposited in the form of two active, cultures.
(b) Plasmids as isolated DNA preparations should be in a minimum quantity of 2 x 20µg.
(c) Bacteriophages should be deposited in minimum quantities of 2 x 5ml having a minimal titre of 1 x 109 pro ml.
(d) Plant viruses should be deposited in the form of dried or frozen material along with the host's seeds, unless the host is generally available. 100µl of serum suitable for immunoelectron microscopy should also be deposited for the purity and identity test.
When hybridomes for antibody testing of plants are deposited the antigen (not pathogen) necessary for the specificity test should be deposited at the same time.
(e) In the case of plant cell cultures, active cultures in the form of a callus (four petri dishes) or suspension (four culture vessels) or frozen cultures (18 cryoampoules) should be deposited.
2.** The deposit must be accompanied by the appropriate form duly completed (Form DSM-BP/1: Original Deposit; DSM-BP/2: New Deposit; or DSM-BP/3: New deposit with Another International Depositary Authority) in English or German. Depositors can obtain these from the DSM (separate forms are to be used for bacteria and fungi, bacteriophages, isolated plasmids, plant viruses and plant cell cultures).
3.** The fee for storage mentioned in Rule 12.1(a)(i) of the Budapest Treaty must be paid.
* Points 1(a), (b) and (c) do not differ from the last Communication in Industrial Property 1989, page 315.