Trilateral Project 24.1-Biotechnology 211

The information concerning the file number (accession number) of a culture which has been deposited with a recognised depositary institution not later than the filing of the application may not be submitted after the expiry of sixteen months after the date of filing of the application or, if priority is claimed, after the priority date. This is important because the communication of the depositary institution and the file number (accession number) of the culture deposit is considered as constituting the unreserved and irrevocable consent of the applicant to the deposited culture being made available to the public in accordance with Rule 28 EPC.

Where the applicant submits a request for early publication of the application (before the expiry of 18 months from the priority date) the information relating to the depositary authority and the accession number of the deposit must be filed up to the date of submitting the request for early publication.