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Patent Deposits

 

 

Deposit for the purposes of patent procedure

In 2013, the World Intellectual Property Organization (WIPO) designated the NCMA as an International Depositary Authority (IDA) for the deposit of biological material for the purposes of patent procedure under the Budapest TreatyWe currently accept vegetatively propogated plant tissue, orthodox crop seed, bacteria (non-pathogenic), algae (unicellular and multicellular), protozoa (non-parasitic), archaea, and aquatic viruses.  Please click here for our Business Overview.  

To  make a deposit for the purpose of patent procedure, please contact us at PatentDeposit@bigelow.org or by phone (001) 207-315-2567 x 1, so we can learn more about your proposed deposit.  Following that conversation, your next step would be to review, sign, and e-mail us (also at PatentDeposit@bigelow.org) a completed Patent Deposit Terms and Conditions form, along with one of the following deposit forms:

  • Non-Seeds (plant tissue, microbes, algae, etc.) – BP1
  • Orthodox Crop Seeds - BPAF1

If additional seeds are needed after your initial deposit, please complete and submit BPAF1A

 

We are unable to accept  vegetatively propogated  plant deposits between  October 22, 2019 through November 18, 2019.

 

Schedule of fees

  • Plant tissue, microbes, algae, etc.
  • Orthodox Crop Seeds
    • $3,000 for frozen or lyophilized for 30 years + 5 years (includes first viability statement)
    • $500 for an additional viability statement
    • $200 for furnishing of deposited material
    • $175 additional service charge for furnishing deposited plant tissue as live nodes on agar  
    • $25,000 for perpetual culturing for 30 years + 5 years (includes first viability statement)
    • $1,500 for seeds for 30 years + 5 years (includes first viability statement)
    • $500 for an additional viability statement
    • $200 for furnishing of deposited material

 

Payment & Shipping

Depositors will be invoiced upon acceptance of a completed deposit form (BP1 or BPAF1) and Patent Deposit Terms and Conditions form.  Payment must be received by the NCMA prior to you shipping us your biological material.  For safe arrival of your material, we strongly encourage you to use a reputable courier service.   After receiving and accepting your biological material, the NCMA will issue an official receipt (BP4) for your deposit. Your first viability statement (BP9) will also be furnished.

 

Requests for Release of Material under Patent Deposit

NCMA keeps all information about patent deposits confidential, and only releases material on the instruction of the depositor or in accordance with the requirements of the patenting process.

Budapest Treaty deposits

Every time a sample of your biological material is released, you will be officially notified of the name and address of the recipient.  Biological material is made available to those entitled to receive them under Rule 11 of the Treaty, i.e.:

  • The patent office(s) with which your application has been filed (11.1).
  • Anyone having depositors specific written authorization to receive a culture (11.2).
  • Anyone making their request on an official form on which the relevant patent office has certified that they are entitled to receive a culture and that the patent office has submitted directly to NCMA (Rule 33 EPC 11.3a).
  • In cases where the Expert Solution (Witness) clause has been requested at the time of application, sample will only be made available to a nominated exert - Rule 32 EPC (11.3a).
  • In certain cases, where a patent has been granted and published (e.g. in the US), no certification is required.  In these circumstances, incontrovertible evidence that the patent has been issued is required.  In these circumstances, incontrovertible evidence that the patent has been issued is required before a sample is released.

An expert witness is 1) any natural person provided that the requester furnished evidence, when filing the request, that the nomination has the approval of the applicant; 2) any natural person recognized as an expert by the President of the EPO.

The nomination of the expert witness must be accompanied by a declaration from the expert vis-a-vis the applicant in which he/she enters into the undertaking given pursuant to Rule 33 EPC until either the date on which the patent expires in all the designated States or, where the application has been refused, withdrawn or deemed to be withdrawn, until the date referred to in Rule 32(1)(b) EPC, the requester being regarded as a third party.

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