NCIMB Patent Deposit Services

Your patent agent will tell you the latest date by which a deposit must be made.

• We recommend that you make your deposit as early as possible to allow time for the required viability checks and paper work to be completed. Viability testing can take up to a week from date of receipt for bacteria, and longer for seeds or plant cell tissue cultures, depending on the variety.
• The date of deposit is defined as the date on which we receive a viable sample of your biological material. If your biological material is not viable when we receive it, there is no deposit. To make a valid deposit, a further sample must be sent. It is therefore important to allow time for viability testing of more than one sample to be undertaken.

To make a patent deposit with NCIMB you need to complete our application form (QF57), along with the relevant accession form (QF79 A, B or C) for the type of material you are depositing. These forms must be completed and returned to us before, or at the same time as the biological material is deposited.

• The application form gives our terms and conditions for the acceptance of deposits and constitutes our contract with you.
• The accession form records the information that we need in order to deal with the biological material quickly, correctly and safely.
• An additional form is required for the deposit of a GMO (QF 70), or a depositor’s own risk assessment may be used.
• Full and accurate completion of these forms is required for compliance with the Budapest Treaty.
• Our downloadable information sheet includes full details of how to make a deposit.

• Please send two cultures of each strain to be deposited.
• We accept freeze dried cultures, agar slopes, stabs or broths.

• Bacteriophages should be sent as cell-free lysates containing at least 10⁸ pfu/ml.
• Two aliquots of 10ml of lysate are required.
• A suitable host must also be deposited.

• Plasmids may be deposited either already transformed into hosts or as purified DNA preparations. Our requirements for the former are the same as for any other bacterial strains (see above).
• For purified plasmids we need 10ml of a preparation containing at least 20 mcg of DNA/ml, together with a suitable host.
• For cosmid or phage DNA we require 1.5ml of an aqueous solution containing at least 125 mcg DNA/ml, together with a suitable host.

• 625 seeds must be deposited. As this can sometimes be difficult to achieve, NCIMB will accept an initial deposit of 250 seeds to allow the application to proceed. However it is the depositors responsibility to ensure that the full complement of 625 seeds is deposited by the required date.
• Deposited seeds must be fresh, healthy, undamaged, and free from soil or plant debris.
• Less than 5% of the deposit should contain empty seeds.
• Seeds may be deposited either pre-dried under IBPGR recommended conditions appropriate to the species and ready for immediate low temperature storage, or ready to be dried by NCIMB, in which case they should be despatched as soon as possible after harvesting in a sealed container.
• A germination rate of at least 85% is normally required, but deposits may be accepted in certain circumstances where this is impossible to achieve.
• NCIMB is licensed to accept and import genetically manipulated seeds (class 1 only), but we must be notified in advance of all deposits so that we can ensure that the relevant regulations are complied with.
• Plant seeds from outside of Europe normally require a phytosanitary certificate. Seeds of certain plant species that are prohibited may be deposited with a special import license.

Additional seed deposits:

• For initial deposits of less than 625 seeds, additional seeds can be deposited to fulfil this number at any time before the patent is issued. A separate accession form (QF543) should be completed for this and there will be an additional fee to pay.
• A viability test will be performed, and a further viability statement and receipt issued.

• Frozen deposits: 25 ampoules of appropriate cultures are required. Frozen shoot tips should have 100 surviving apices.
• Active deposits: three vials of suspension cultures, five vials of undifferentiated cell or cell tissue cultures, or ten in vitro plantlets/shoots/shooting structures are required.
• Plant cell tissue cultures from outside of Europe normally require a phytosanitary certificate. Tissue cultures of certain plant species that are prohibited may be deposited with a special import license.

Unofficial notification

We will contact you or your patent agent as soon as we receive your deposit, with an NCIMB accession number and a provisional date of deposit. Please note this provisional notification is not evidence that you have made a valid deposit. Results of viability testing are required before official notification can be made.

Non-viable deposits

If your biological material proves to be non-viable, we will inform you immediately so that you can send a replacement as soon as possible. This replacement will have a new date of deposit, and if it is a Budapest Treaty deposit, a new accession number.

Official notification

When we have tested the viability of your deposit, you and/or your patent agent will be sent an official receipt and viability statement (Budapest Treaty forms BP4 and BP9), which state the accession number, date of deposit and whether your biological material was found to be viable.

These are important documents that you may be requested to produce for examination by a patent office. You will also need them if you have to make a new deposit of the same biological material at a later date.

Depositor checks

We may ask you to check a culture for authenticity, and to inform us of the result. If we do not hear from you within three months, we assume you are satisfied with the cultures. Depositor checks may also be carried out at the request of the depositor.

NCIMB 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 your specific written authorisation 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 (Rule 33 EPC 11.3a).
• In cases where the Expert Solution (Witness) clause has been requested at the time of application, samples will only be made available to a nominated expert - 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 before a sample is released.

Other patent deposits

Biological material deposited outside of the Budapest Treaty is released on your authorisation or on the authorisation of the patent offices that you specify. Some patent offices, notably in the USA and Germany, may require you to obtain a declaration from us as to the permanence and availability of non-Budapest Treaty deposits. We supply these for a small charge. Samples will be made available according to the terms of those declarations.

Biological material deposited for patenting purposes under the Budapest Treaty is distributed strictly in accordance with the regulations set out in the Treaty.  All International Depository Authorities must adhere to these regulations.  Full details are available on the World International Patent Office website www.wipo.int

If you would like to obtain a sample of material deposited with NCIMB for patenting purposes, you must fulfil one of the following:

i) Have written authorisation from the depositor (Rule 11.2).
ii) Have confirmation (i.e. certification) from the relevant patent office that you are legally entitled to receive it. Forms for this purpose are available from patent office websites e.g. EPO forms 1140 and 1141. On completion of these, they must be returned to the relevant patent office for authorisation and not sent to NCIMB. NCIMB will receive authorised copies from the Patent Office (Rule 11.3a).
iii) In cases where certification is not required i.e. patents have been granted, then irrefutable evidence (copies of the relevant patents) must be supplied with the request (Rule 11.3b).
Once a sample has been released to you, the depositor is automatically notified of the fact.

Fees do not include, where applicable, VAT, handling charges, customs inspection fees or postage and packing. Information about these charges and costs for additional patent deposit services available on request from enquiries@ncimb.com