Newsletter
Draft Regulations Proposed by TIPO on Biological Material Deposit Involved in Patent Application
Pursuant to its announcement on November 6, 2014 under Jing-Shou-Zhi-Zi-10320031330, the Ministry of Economic Affairs has announced draft revision to Articles 11 and 25 of "Regulations on Deposit of Biological Materials pursuant to Patent Application." The reasons for carrying out such revisions are as follows: As the 2013 revision of the Patent Act added a provision under Article 27, Paragraph 5 with respect to mutual recognition of effect of deposits by the R.O.C. and foreign countries, the government has decided to make revisions to the above provisions in consultation with the "Regulations under Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure" in order to foster establishment of mutual recognition with other foreign governments. Article 11 of the Patent Act stipulates that biological materials which are deposited may be withdrawn only before a certificate of deposit is issued by deposit institution. Furthermore Article 25 stipulates the date on which such revisions take effect. These revisions are introduced to make the relevant provisions of the R.O.C. consistent with international regulations.
According to the existing Article 11 of the "Rules on Deposit of Biological Materials pursuant to Patent Application," "An applicant for making deposit may withdraw the materials deposited and apply for refund of partial or full deposit expenses before review of the patent application. In such a case, the depositing institution should destroy the biological materials concerned or return them to the depositor, and duly notify the depositor and patent authority." The effect of the proposed revision would be to nullify the depositor's right to withdraw such materials and receive a refund once a certificate of deposit for biological materials is issued.