News / 2020

Deposit of Biological Materials (WTS Legal Report No. 10/2020)

In the newest issue of the WTS Legal Report we would like to discuss a matter of great practical significance: Polish and international regulations concerning the deposit of biological materials.

One of the grounds on which the Polish Patent Office can make a decision refusing patent protection is insufficient disclosure of an invention (Article 49 Section 1(2) of Act of June 30, 2000 on Industrial Property Law; hereinafter referred to as the IPL). A situation wherein an invention has not been disclosed in a manner sufficiently clear and complete to allow a person skilled in the art to carry it out, constitutes a ground for invalidation of a patent (Article 89 Section 1(2) of the IPL). The question of insufficient disclosure is especially important when it comes to biotechnological inventions. Considering their specificity, submission of a drawing or a written description would often fall short of fulfillment of the sufficient disclosure requirement.

In particular it pertains to biotechnological inventions which cannot be carried out without an access to a given microorganism. To address the case of such inventions, a special mechanism is provided in domestic and international regulations — it enables applicants to deposit samples of biological materials in so called collections.

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