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 Treaty. We 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:
If additional seeds are needed after your initial deposit, please complete and submit BPAF1A
Schedule of fees
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.:
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.