The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to notify him of the receipt, on December 9, 1993, of the notification of the European Patent Organisation (EPO), dated December 6, 1993, stating an extension of the list of kinds of microorganisms accepted, for deposit, by the DSM - Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSM), an international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, as amended on September 26, 1980 (see Budapest Notification No. 22 of August 27, 1981). The text of that notification is attached.
The list so extended of the kinds of microorganisms accepted, for deposit, by the DSM - Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSM), as well as the fees relating thereto, will be published in the February 1994 issue of Industrial Property/La Propriété industrielle. The extended list will take effect as from the date (February 28, 1994) of that publication.
January 24, 1994
Text of the Notification of the European Patent Organisation (EPO), dated December 6, 1993, Relating to an Extension of the List of Kinds of Microorganisms Accepted for Deposit by the DSM - Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSM)
[Original: English; Translation into French provided by the International Bureau of WIPO]
NOTIFICATION
1. According to Rule 3.3 of the Regulations under the Budapest Treaty, I am pleased to inform you that the assurances made by the European Patent Organisation in its communications dated 23 July 1981, 8 March 1988 and 4 July 1990, namely that the DSM - Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH - complies with and will continue to comply with the requirements specified in Article 6.2 of the Budapest Treaty, are extended to murine embryos.
Annex I shows the complete list of all the kinds of micro-organisms accepted by the DSM and Annex II indicates all requirements made by the DSM according to Rule 6.3 of the Regulations under the Budapest Treaty.
2. With reference to Rule 12 of the Regulations under the Budapest Treaty may I draw your attention to the amended schedule of fees of the DSM, in Annex III.
In Annexes I to III, the amendments are indicated with an asterisk.
3. Please take note of Annex IV, showing a few amendments in the address, phone and facsimile numbers of the DSM.
[Annexes follow (English and French versions provided by the EPO)]
ANNEX I
Kinds of micro-organisms accepted by the DSM
The DSM accepts the following kinds of micro-organisms for deposit under the Budapest Treaty
1. bacteria
2. fungi (including yeasts)
3. bacteriophages
4. plasmids
5. plant viruses
6. plant cell cultures
7. human and animal cell cultures
8. murine embryos
Re points 1, 2, 3, 5, 6, 7:
* The DSM accepts for deposit only those bacteria, fungi and cell cultures which, pursuant to the notices of the "Berufsgenossenschaft der chemischen Industrie" [German trade association of the chemical industry] on "Sichere Biotechnologie, Eingruppierung biologischer Agenzien" ("Safe technology, classification of biological agents") (bacteria B006, fungi B007, viruses B004, cell cultures B009), belong to hazard group 1 or 2. An English translation of the texts is also available. Similar restrictions likewise apply to murine embryos. If the relevant group is not known, information can be obtained from the DSM.
Re points 1, 2, 3, 4, 5, 6, 7, 8:
* It must be possible to process genetically manipulated bacteria, fungi, bacteriophages, isolated DNA, plant viruses and plant, human and animal cell cultures as well as murine embryos in accordance with safety levels 1 or 2 of the "Gesetz zur Regelung von Fragen der Gentechnik" [genetic engineering act], 1990, BGB1. Part I, No. 28, Z 5702 A, 20 June 1990.
Re point 5:
Plant viruses which cannot multiply through mechanical infection of plants cannot be accepted for deposit.
Re point 6:
Plant cell cultures can only be deposited in the form of callus or suspension cultures with non-differentiated growth. The material for deposit must be free from contamination by foreign organisms.
Re point 7:
* Animal and human cell cultures cannot be accepted for deposit if they are contaminated with viruses or other foreign organisms (particularly mycoplasma). Please note that the DSM requires about two weeks for carrying out the necessary check for mycoplasma contamination.
Re point 8:
* Before preservation of the embryos by the depositor and subsequent despatch to the DSM information concerning the method to be used must be obtained from the DSM.
The DSM reserves the right to refuse to accept for deposit material which in its view represents an unacceptable hazard or which it is not in a position to process.
In all instances, it must be possible to preserve the deposited material by lyophilisation or storage in liquid nitrogen or by some other method of long-term preservation without significant change.
ANNEX II
REQUIREMENTS UNDER RULE 6.3 OF THE BUDAPEST TREATY
Re points 1, 2:
Bacteria and fungi should, where possible, be deposited in the form of two active cultures.
Re point 3:
Bacteriophages should be deposited in minimum quantities of 2 x 5ml having a minimum titre of 1 x 109 pro ml.
Re point 4:
Plasmids as isolated DNA preparations should be deposited in a minimum quantity of 2 x 20µg.
Re point 5:
Plant viruses should be deposited in the form of dried or frozen material along with the host's seeds, unless the host is generally available. 100µl of serum suitable for immunoelectron microscopy should also be deposited for the purity and identity test.
When hybridomes for antibody testing of plants are deposited, the antigen (not pathogen) necessary for the specificity test should be deposited at the same time.
Re point 6:
In the case of plant cell cultures, active cultures in the form of a callus (four petri dishes) or suspension (three culture vessels) or frozen cultures (18 cryoampoules) should be deposited.
Re point 7:
* In the case of animal and human cell cultures, frozen cultures should be deposited in 12 ampoules, each containing at least 5 x 106 cells.
Re point 8:
* Murine embryos should be deposited in 12 ampoules, each containing at least 15 - 20 embryos.
ANNEX III
FEE SCHEDULES
Fees for the deposit of micro-organisms under the Budapest Treaty:
| III.1 | DEM | ||
| (a) | Storage according to Rule 12.1(a)(i) of the Budapest Treaty | ||
| - bacteria, fungi, plasmids, bacteriophages and plant viruses | 1,150* | ||
| - plant cell cultures | 2,500 | ||
| * - human and animal cell cultures, murine embryos | 2,400 | ||
| (b) | Conversion of a deposit made outside the Budapest Treaty into a deposit according to the Budapest Treaty | ||
| - bacteria, fungi, plasmids, bacteriophages and plant viruses | 1,150* | ||
| - plant cell cultures | 2,500 | ||
| * - human and animal cell cultures, murine embryos | 2,400 | ||
| (c) | Prolongation of the duration of the storage over the one provided by Rule 9 of the Budapest Treaty, per year | ||
| - bacteria, fungi, plasmids, bacteriophages and plant viruses | 40* | ||
| - plant cell cultures | 80 | ||
| * - human and animal cell cultures, murine embryos | 80 | ||
| III.2 | |||
| Issuance of viability statement under Rule 12.1(a)(iii) of the Budapest Treaty | |||
| (a) | where a viability test is also requested | ||
| - bacteria, fungi, plasmids, bacteriophages and plant viruses | 130* | ||
| * - plant, human and animal cell cultures, murine embryos | 200 | ||
| (b) | on the basis of the last viability test | ||
| * - bacteria, fungi, plasmids, bacteriophages, plant viruses, plant, human and animal cell cultures, murine embryos | 60* | ||
| III.3 | |||
| Furnishing of a sample under Rule 12.1(a)(iv) of the Budapest Treaty (plus current freight costs) | |||
| - bacteria, fungi, plasmids, bacteriophages and plant viruses | 130* | ||
| * - plant, human and animal cell cultures, murine embryos | 200 | ||
| III.4 | |||
| Communication of information under Rule 7.6 of the Budapest Treaty | |||
| * - bacteria, fungi, plasmids, bacteriophages, plant viruses, plant, human and animal cell cultures, murine embryos | 60* | ||
| III.5 | |||
| Attestation referred to in Rule 8.2 of the Budapest Treaty | |||
| * - bacteria, fungi, plasmids, bacteriophages, plant viruses, plant, human and animal cell cultures, murine embryos | 60* | ||
As a general rule, the fees under points 1, 2, 4 and 5 (services provided within the Federal Republic of Germany) are subject to VAT, currently at the rate of 7%, which is also payable where samples are furnished to requesting parties in the Federal Republic of Germany.
Turnover tax, again currently at the rate of 7%, must also be charged on EC orders not quoting a VAT registration number.
A processing fee of DEM 40 to cover bank charges is payable on all foreign invoices.
ANNEX IV
New address:
DSM - Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH
Mascheroder Weg 1b
D-38124 Braunschweig
New telephone number:
Telephone exchange: 0531-2616-0
Telefax: 0531-2616-418
Patent department: 0531-2616-254