No Support JavaScript
Main Content Area
:::

Content

Title: Regulations for the Deposit of Biological Material for Patent Application Ch
Date: 2015.06.04
Legislative: 1.Promulgated and entered into force on June 21, 2002.
2.Revised and promulgated on December 10, 2003; entered into force on July 1, 2004.
3.Revised and promulgated on December 4, 2012; entered into force on January 1, 2013.
4.Revised and promulgated on June 4, 2015; entered into force on June 18, 2015.
Content:

Article 1

These regulations are formulated pursuant to Paragraph 6, Article 27 of the Patent Act (hereinafter

referred to as “the Act”).

 

Article 2

A request for deposit of biological material may be filed by providing the following items to the

depository institution (hereinafter referred to as “the Depository”) designated by the Specific Patent

Agency:

1.a request form (Appendix II) indicating the name, domicile, residence of the depositor; in case of

a juristic person or an organization with a representative, indicating the name thereof,

representative’s name, and business establishment;

2. basic information of the biological material (Appendix III);

3. the biological material with required quantity; and

4. deposit fees.

In case the biological material referred to in the preceding paragraph is imported, the import permit

shall also be provided.

In case a request referred to in Paragraph 1 is filed by an appointed agent, the document specifying

the power of attorney shall also be provided along with the request.

 

Article 3

The biological materials accepted for deposit include bacteria, actinobacteria, yeasts, molds,

mushrooms, plasmids, bacteriophages, viruses, animal cell lines, plant cell lines, hybridoma, and

other biological materials requiring deposit.

 

Article 4

The deposited biological materials shall be preserved in freeze-dried or frozen form, and the

container requirements for depositing biological materials are set forth in Appendix I. However, the

biological materials that cannot be preserved in freeze-dried or frozen form may be preserved by

other appropriate preservation methods determined by the Depository.

The biological materials referred to in the preceding paragraph shall be transported under an

appropriate temperature and in an appropriate way to maintain their viability and properties, and to

prevent them from being released to the environment during transport.

 

Article 5

The “biological material with required quantity” referred to in Subparagraph 3, Paragraph 1 of

Article 2 is set forth below:

1.for bacteria, actinobacteria, yeasts, molds, mushrooms, bacteriophages, and plasmids in

transformed host, 6 vials of culture samples shall be deposited and each shall contain the amount

necessary for performing viability test;

2. for viruses, animal cell lines, plant cell lines, hybridoma, and biological materials with special

cultivation conditions, 25 vials of culture samples shall be deposited and each shall contain the

amount necessary for performing viability test;

3. for plasmids deposited in nucleic acid form, at least 10 micrograms shall be deposited and be

evenly distributed in 25 vials of culture samples; each vial of sample shall contain the amount

necessary for performing viability test; and

4. for other biological materials requiring deposit, the amount to be deposited shall be determined

by the Depository.

In case the plasmids referred to in Subparagraph 3 of the preceding paragraph are deposited in

nucleic acid form, the Depository, if it deems necessary, may notify the depositor to provide 6 vials

of hosts in an appropriate preservation form and each vial of culture samples shall contain the

amount necessary for performing viability test.

 

Article 6

The Depository shall reject a request for deposit under any of the following circumstances:

1. the request for deposit is not filed pursuant to Article 2;

2. the biological material is not provided in an appropriate form and with necessary quantity

  pursuant to the provisions from Article 4 to the preceding article;

3. the biological material is under restriction by laws, except for the one having obtained the permit;

or

4. the biological material obviously has been contaminated, or cannot be accepted for deposit due to

scientific reasons.

The Depository shall notify the depositor in advance of the reasons for rejection and allow the

depositor to respond within a time limit.

 

Article 7

The Depository shall perform viability tests within 1 month after the date that all the required items

of a request for deposit referred to in Article 2 have been submitted in full, and issue a certificate of

deposit to the depositor whose biological material has been proven to be viable.

The certificate of deposit referred to in the preceding paragraph shall indicate the following items:

1. the name and address of the Depository;

2. the name and residence, domicile, or business establishment of the depositor;

3. the date of the deposit accepted by the Depository;

4. the accession number given by the Depository;

5. the identification number or symbol given by the depositor to the biological material;

6. the scientific name of the biological material shown in the request form; and

7. the date of the viability test.

In case the biological material cannot be proven to be viable after performing the viability test

referred to in Paragraph 1, the depositor shall provide the relevant information of the biological

material or its culture medium within the time limit specified by the Depository.

 

Article 8

After performing the viability test referred to in the preceding article, the Depository may perform

additional viability tests to the deposited biological material, when necessary for reasons of storing

the biological material, or upon request by the depositor.

In case a culture medium with special components is required for the viability test referred to in the

preceding article or preceding paragraph, the Depository may inform the depositor to provide such

medium when necessary.

 

Article 9

The Depository shall issue a viability statement under the following circumstances:

1.after performing the viability test referred to in Paragraph 1 of Article 7, the biological material

cannot be proven to be viable;

2. upon request by the depositor; and

3. upon request from one who is not the depositor but is entitled to be furnished with the biological

material pursuant to Article 13.

The viability statement referred to in the preceding paragraph shall indicate the following items:

1. the name and address of the Depository;

2. the name and the residence, domicile, or business establishment of the depositor;

3. the date of deposit accepted by the Depository;

4. the accession number given by the Depository;

5. the date of the viability test; and

6. the viability test result that indicates whether the biological material is viable or not.

In case the viability test shows the biological material is not viable, the viability statement shall

additionally indicate the conditions under which the viability test has been performed and the

relevant information.

 

Article 10

The duration of deposit of a biological material deposited in the Depository is 30 years.

The Depository shall preserve the biological material for at least five years additionally after the

date a request for furnishing the biological material is made prior to the end of the duration referred

to in the preceding paragraph.

After the end of the duration referred to in the preceding two paragraphs, the Depository may

destroy the deposited biological material.

 

Article 11

The depositor may not withdraw the deposit in the time period prescribed in the preceding article;

however, this shall not apply where the withdrawal is made prior to the issuance of the certificate of

deposit by the Depository in accordance with Paragraph 1 of Article 7.

The depositor withdrawing the deposit pursuant to the proviso of the preceding paragraph

(Appendix V) may request a refund of the paid deposit fee; however, the cost occurred from the

performed viability test should be deducted therefrom.

For the deposit withdrawn pursuant to the proviso of Paragraph 1, the Depository shall return the

deposited biological material or destroy it and inform the depositor.

 

Article 12

The Depository is under the obligation to keep confidential the deposited biological materials and

relevant information. With the exception of the situation set forth in Article 13, the Depository shall

not release deposited biological materials and relevant information to any third party.

 

Article 13

The Depository shall furnish the deposited biological materials to the following requesters:

1. the Specific Patent Agency;

2. the depositors or one with the consent of the depositor; and

3. one eligible for such request under Article 14.

After furnishing the biological materials pursuant to the preceding paragraph, the Depository shall

notify the depositor in writing for the fact of furnishing, except for furnishing to the depositor.

When furnishing the biological materials pursuant to Paragraph 1, the Depository shall at the same

time provide the scientific names of the biological materials given by the depositor.

Upon request by the requester, the Depository shall provide the cultivation or preservation

conditions performed by the Depository.

 

Article 14

To practice an invention involving the deposited biological materials for research and experimental

purposes, one may request the Depository for furnishing the biological materials under any of the

following circumstances:

1.the patent application for invention involving a biological material has been allowed and

published;

2. the one who has received a written notification from the invention patent applicant referred to in

Paragraph 1, Article 41 of the Act; or

3. the one who has requested a re-examination referred to in Article 48 of the Act after the patent

application was rejected.

The biological materials acquired pursuant to the preceding paragraph shall not be provided to

others for use.

For a request for furnishing the biological materials pursuant to Paragraph 1, the following

documents shall be provided:

1. a request form(Appendix IV);

2. a photocopy of the publication of the allowed patent application, of the written notification from

the invention patent applicant, or of the written decision of rejection from the Specific Patent

Agency;

3. a declaration of utilizing the biological materials only for research and experimental purposes;

and

4. a declaration that the biological materials are not to be provided to others.

 

Article 15

For a request for furnishing biological materials pursuant to Article 13, the Depository may refuse to

furnish the biological materials on account that the requester does not possess the knowledge or the

equipment for handling the biological materials and may damage or threaten the environment,

plants, or the health of humans or animals.

 

Article 16

One who obtained the biological materials that are pathogenic or may damage the environment

pursuant to Article 13, shall destroy the biological materials immediately after use, and shall notify

the Depository of the destruction.

 

Article 17

Where the Depository cannot continue furnishing the deposited biological materials because the

deposited biological materials that had originally been found viable were no longer nonviable, or

due to other circumstances, the date of re-deposit may be deemed the original deposit date if the

requester replaces the biological materials within 3 months after having received the notification of

non-viability from the Depository.

Where the depositor cannot replace the biological materials within the time period prescribed in the

preceding paragraph due to the properties of the biological materials or other legitimate reasons, the

period referred to in the preceding paragraph may be extended once such extension has been

approved by the Depository.

For replacing the biological materials pursuant to the preceding two paragraphs, the depositor shall

provide an affidavit alleging that the replacement is the same as the original deposit.

Where the replaced biological materials are not received by the Depository within the specified time

limit referred to in the preceding paragraphs, the date of deposit shall be the date on which the

Depository receives a replacement of biological materials.

Where the depositor does not replace the biological materials pursuant to Paragraph 1 to 3, the

Depository shall notify the Specific Patent Agency.

 

Article 18

Where the Depository has performed a viability test or preservation using the method provided or

agreed by the depositor, the Depository has no obligation for compensation if the biological

materials cannot be preserved properly or are no longer available for furnishing.

 

Article 19

Any person requesting for a deposit shall pay the deposit fee according to the following:

1.NT$38,400 per request for bacteria, actinobacteria, yeasts, molds, mushrooms, plasmids, and

bacteriophages;

2. NT$52,800 per request for animal cell lines, plant cell lines, hybridoma, viruses, and other

biological materials; and

3. for the biological materials referred to in the preceding two subparagraphs with special

preservation condition, the deposit fee pertaining to properties of the biological materials,

preservation materials, and equipment required is to be determined based upon the agreement

between the depositor and Depository.

In case the biological materials referred to in the preceding paragraph cannot be proven to be viable,

the depositor may request for a refund of the paid deposit fee of which the viability test fee referred

to in Article 20 should be deducted therefrom.

 

Article 20

Any person requesting to the Depository for issuance of a viability statement pursuant to Paragraph

1        of Article 9 shall pay the deposit fee according to the following:

1.NT$2,400 per request for bacteria, actinobacteria, yeasts, molds, mushrooms, and plasmids

transformed in hosts;

2. NT$4,800 per request for plasmids and bacteriophats in nucleic acid form, animal cell lines, plant

cell lines, hybridoma, bacteriophages, viruses, and other biological materials; and

3. for the biological materials referred to in the preceding two subparagraphs with special

cultivation condition, the deposit fee, up to NT$120,000, is to be determined by the Depository

based on properties of the biological materials, cultivation materials, and equipment required.

 

Article 21

Any person requesting to the Depository for furnishing the biological materials pursuant to

Paragraph 1 of Article 13 shall pay the deposit fee according to the following:

1.NT$2,400 per request for bacteria, actinobacteria, yeasts, molds, mushrooms, plasmids, and

bacteriophages;

2. NT$4,800 per request for animal cell lines, plant cell lines, hybridoma, viruses, and other

biological materials; and

3. for the biological materials referred to in the preceding two subparagraphs with special

cultivation condition, the deposit fee, up to NT$120,000, is to be determined by the Depository

based on properties of the biological materials, cultivation materials, and equipment required.

 

Article 22

A request to the Depository for providing cultivation or preservation condition of a biological

material pursuant to Paragraph 4 of Article 13 shall cost NT$360.

A request for issuance of replacement or a substitution of the certificate of deposit shall cost

NT$360.

 

Article 23

The appendixes referred to in these Regulations may be amended and promulgated by the Specific

Patent Agency when necessary.

 

Article 24

For a patent application for invention involving a biological material or the utilization of a

biological material filed after the implementation of the amended Act, in the event that the request

for deposit of biological material has been filed prior to the implementation of the amended Act and

the certificate of deposit submitted by the patent applicant pursuant to Paragraph 2 or 3, Article 27

of the Act does not contain the viability test report, the applicant for invention patent shall submit

the viability test report within the time period set by the Specific Patent Agency. If the report is not

submitted within the specified time period, the deposit shall be deemed not to have been made.

 

Article 25

These Regulations shall enter into force on January 1, 2013.

The amendment of these Regulations shall enter into force on June 18, 2015.