(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 [F3involves the use of or concerns biological material] 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 [F3biological material], 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.]
Textual Amendments
F1S. 125A inserted by Copyright, Designs and Patents Act 1988 (c. 48, SIF 67A), s. 295, Sch. 5 para. 30
F2Words in sidenote to s. 125A substituted (28.7.2000) by S.I. 2000/2037, reg. 6(2)
F3Words in s. 125A(1)(2)(a) substituted (28.7.2000) by S.I. 2000/2037, reg. 6(3)(4)