Budapest Notification No. 99
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 Withdrawal Under Article 8(2) of its Assurances with Respect to 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 July 2, 1991, of a written communication from the Government of the United States of America, dated June 25, 1991, communicating, pursuant to Article 8(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, as amended on September 26, 1980, the withdrawal of its declaration of assurances made under Article 7 of that Treaty with respect to In Vitro International, Inc. (IVI), an international depositary authority under the Budapest Treaty (see Budapest Notifications No. 34 of November 3, 1983 and No. 97 of April 8, 1991). 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 status of In Vitro International, Inc. (IVI) as an international depositary authority under the Budapest Treaty will terminate three months from the date of the said communication, that is, on September 25, 1991.

July 15, 1991


Text of the Written Communication of the United States of America, dated June 25, 1991, Relating to the Withdrawal Under Article 8(2) of its Assurances with Respect to In Vitro International, Inc. (IVI) as an International Depositary Authority

COMMUNICATION

The Patent and Trademark office has been informed by In Vitro International, Inc. (IVI), of Linthicum, Maryland, in a letter dated May 24, 1991, that it can no longer continue to perform its functions as an international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. I am hereby notifying you that the United States withdraws its declaration of assurances made on behalf of IVI on September 9, 1983.

All deposits stored with IVI under the Budapest Treaty were transferred on June 20, 1991, to a substitute authority, which is the American Type Culture Collection (ATCC) of Rockville, Maryland. All mail or other communications addressed to IVI regarding those deposits, including all files and other relevant information, have also been transferred to ATCC. IVI has been requested to notify all depositors affected by the discontinuance of the performance of its functions and the transfers effected. We will monitor this notification and will encourage IVI fully to comply with its responsibilities.

In addition, we are in the process of informing all those who made deposits of biological samples with IVI, including patent owners and patent applicants, of IVI's discontinuance as an international depositary authority and of the transfer of their deposits to ATCC. We are also publishing notices of the determination in the Official Gazette and the Federal Register.