Section 26C
Deposit of microorganism
If an invention involves a microorganism which is not available to the public and cannot be described in the application for a patent in such a manner as to enable the invention to be carried out by a person having ordinary skill in the art, a sample of such microorganism shall be deposited by the applicant or any other person
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with a National Depositary Authority or an International Depositary
Authority not later than the filing date of the patent application.
(2)
The deposit of microorganism with the National Depositary
Authority referred to in subsection (1) shall be made in the prescribed manner.
(3)
The deposit of microorganism with the International Depositary
Authority referred to in subsection (1) shall be made in accordance with the Budapest Treaty.
(4)
The deposit of microorganism with the National Depositary
Authority or the International Depositary Authority, as the case may be, shall be recognized as fulfilling the requirement of disclosure in a patent application.
(5)
Any person may make a request for a sample of the microorganism deposited under subsection (1) in the prescribed manner together with the payment of the prescribed fee and subject to the conditions as prescribed.
(6)
For the purposes of this section, “Budapest Treaty” means the
Budapest Treaty on the International Recognition of the Deposit of
Microorganisms for the Purposes of Patent Procedure done at Budapest on 28 April 1977.