125A Disclosure of invention by specification: availability of samples of micro-organisms.

1

Provision may be made by rules prescribing the circumstances in which the specification of an application for a patent, or of a patent, for an invention which requires for its performance the use of a micro-organism is to be treated as disclosing the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the art.

2

The rules may in particular require the applicant or patentee—

a

to take such steps as may be prescribed for the purposes of making available to the public samples of the micro-organism, and

b

not to impose or maintain restrictions on the uses to which such samples may be put, except as may be prescribed.

3

The rules may provide that, in such cases as may be prescribed, samples need only be made available to such persons or descriptions of persons as may be prescribed; and the rules may identify a description of persons by reference to whether the comptroller has given his certificate as to any matter.

4

An application for revocation of the patent under section 72(1)(c) above may be made if any of the requirements of the rules cease to be complied with.