Trilateral Project 24.1-Biotechnology 110

"Microorganisms readily available to a person skilled in the art" are stated in "Regulations under Patent Law Section 27bis". (Examination Guidelines VIII-2-1.1.3(2))

• 1) Commercially available microorganisms, such as baker's yeast, koji (Aspergillus oryzae), Bacillus natto, and so on.
• 2) A stored microorganism in the case where it has been confirmed, prior to filing, that the microorganism has been stored at a reliable cultural collection and freely accessible (including standard type strains).
  The above stored microorganism need not be deposited if the invention uses the microorganism itself. However, when an invention was made by mutating the above stored microorganism, the mutant should be deposited.
• 3) Microorganisms which can be easily created by a person skilled in the art in accordance with the description in the specification.