6Deposit requirements

6 Deposit requirements

For the purposes of this Act, the deposit requirements are to be taken to be satisfied in relation to a micro‑organism to which a specification relates if, and only if: (a) the micro‑organism was, on or before the date of filing of the specification, deposited with a prescribed depositary institution in accordance with the rules relating to micro‑organisms; and (b) the specification includes, at that date, such relevant information on the characteristics of the micro‑organism as is known to the applicant; and (c) at all times since the end of the prescribed period, the specification has included: (i) the name of a prescribed depositary institution from which samples of the micro‑organism are obtainable as provided by the rules relating to micro‑organisms; and (iii) the file, accession or registration number of the deposit given by the institution; and (d) at all times since the date of filing of the specification, samples of the micro‑organism have been obtainable from a prescribed depositary institution as provided by those rules.

[Note: see sections 41 and 42]