The article refers to the decision T 2068/11 of a Technical Board of Appeal of the EPO and discusses the requirements regarding enabling disclosure of microorganisms. In particular, the requirements of a deposition of a microorganism with an acknowledged depositary institute under the Budapest Treaty under the old (EPC 1973) and new (EPC 2000) EPC are discussed. Moreover, the article discusses the significance of a microorganism non-adequately deposited under the EPC after publication of the application.
Source: IP kompakt, September No. 9, 2015, Bundesanzeiger Verlag, Köln