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Chapter V Deposits of a sample of biological material

20.

(1) Deposits under section 8(1) of the Utility Models Act shall be made with an institution which is an international depositary authority under the Treaty done at Budapest on 28 April 1977 on the International Recognition of the Deposit of Micro-Organisms for the Purposes of Patent Procedure (the Budapest Treaty) or with one of the other depositary institutions recognized by the European Patent Office.

(2) The deposit shall be made in accordance with the Budapest Treaty.

(3) The Patent Office shall make a list of the institutions with which deposits can be made.

21.

(1) If a Danish utility model application comprises the deposit of a sample of biological material, the application shall at the date of filing contain information to that effect, cf. section 2(1)(viii) of this Order. The institution with which the deposit has been made shall appear from the application as well as the number which the institution has accorded the deposited sample.

(2) For an international application, the applicant shall within 16 months from the date of filing by the applicant or, if priority is claimed, from the date of priority, notify the International Bureau referred to in section 9 of this Order, in writing concerning the institution with which the deposit has been made and the number which the institution has accorded the deposited sample.

(3) If a deposited sample of biological material has been transferred from one depositary institution to another under Rule 5(1) of the Regulations under the Budapest Treaty, the applicant shall as soon as possible after having received a receipt in respect of the transferred deposit inform the Patent Authority thereof and of the new number accorded to the deposited sample.

22.

A new deposit as referred to in section 8 of the Utility Models Act shall be made pursuant to the provisions of the Budapest Treaty for a new deposit.

23.

As proof of the correctness of a deposit, the Patent Authority may require a copy of the receipt issued by the depositary institution for the deposit.


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