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4.1
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Biological material; deposit thereof
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In accordance with Rule 23b(3), "biological material" means any material containing genetic information capable of reproducing itself or being reproduced in a biological system.
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Rule 23b(3)
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Where in relation to an application concerning biological material an applicant states that he has deposited in accordance with Rule 28(1)(a) the biological material with a depositary institution recognised for the purposes of Rules 28 and 28a, he must, if such information is not contained in the application as filed, submit the name of the depositary institution and the accession number of the culture deposit and, where the biological material has been deposited by a person other than the applicant, the name and address of the depositor, within whichever of the following periods is the first to expire:
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Rule 28(1)(c), (d)
Rule 28(2)
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(i)
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within a period of sixteen months of the date of filing of the European patent application or the date of priority, this time limit being deemed to have been met if the information is submitted before completion of the technical preparations for publication of the European patent application;
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Rule 28(2)(a)
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(ii)
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if a request for early publication of the application is submitted, up to the date of such submission; or
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Rule 28(2)(b)
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(iii)
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if it is communicated that a right to inspection of the files pursuant to Art. 128(2) exists, within one month of such communication.
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Rule 28(2)(c)
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Moreover, when the depositor and applicant are not identical, the same time limit applies for submitting a document satisfying the EPO that the depositor has authorised the applicant to refer to the deposited biological material in the application and has given his unreserved and irrevocable consent to the deposited material being made available to the public in accordance with Rule 28(3) or (4).
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Rule 28(1)(d)
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The depositary institution must be one appearing on the list of depositary institutions recognised for the purposes of Rules 28 and 28a, as published in the Official Journal of the EPO. This list includes the depositary institutions, especially the International Depositary Authorities under the Budapest Treaty. An up-to-date list is regularly published in the Official Journal.
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Rule 28(9)
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CHAPTER IV SPECIAL PROVISIONS
4.2 Missing information; notification
