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Patent Deposit

The Korean Cell Line Research Foundation (KCLRF)

was formally recognized by the World Intellectual Property Organization (WIPO) as an International Depositary Authority (IDA) under the Budapest Treaty on August 31, 1993.

To apply for a patent of a cell line(human and animal cell lines, stem cell lines, hybridomas etc.), after depositing the cell line that will be deposited for a patent at the Patent Cell line Depositary Authority, a ´Deposit number´ and ´Certificate of deposit´ given by the Depositary Authority is needed.
The deposit number will be available right after the patent deposit and the Certificate of deposit will be issued within 1-2 weeks (If needed earlier, the depositor can ask to receive it earlier. Also problems with a deposited cell line will delay the issue of the certificate of deposit).

Once the patent cell line is stored at the Korean Cell Line Research Foundation (KCLRF), you can apply for both domestic and international patents. Please deposit cell lines at KCLB, the International authority for cell lines and at KCLRF, the international authorized institution for cell line patent applications.

Deposit Requirements

Microorganisms that can be deposited: Cell lines
Exceptions
  • Cell lines dangerous to the environment
  • Cell lines that need special laboratory requirements
Technical requirements and procedures
1) Deposit form and number

Deposit cell lines submitted to KCLRF should be in frozen or alive culture condition. All cell line samples must be deposited without contamination by other microorganisms. The Minimum number of vials that should be deposited: 15-20 vials.

2) Survival test period

The average period for a survival test of the cell lines submitted to KCLRF is as follows:
(but periods may last longer due to circumstances) Cell lines (animal, human cell lines, or hybridomas) take 7-14 days(or 28 days)

3) Depositors inspection and deposit cell line renewal

KCLRF will prepare its own cell line with the depositor’s cell line in frozen form. When renewal of the cell line is needed, the frozen cell line will be used to prepare the cell line sample. The depositor will have to check if the cell line sample is the same as the deposited cell line. Also, KCLRF should deposit part of the original cell line when using any method to make a cell line sample for distribution.

Administration Requirements

Microorganisms that can be deposited: Cell lines
1) Language

Korean or English

2) Contract

KCLRF does not have a written contract with the depositor. The signature of the depositor in the KCLRF form shows that the deposit will not be canceled during the time of contract.

3) Income and Infectious disease prevention regulations

International depositors must consult with KCLRF before sending their deposit cell line. Some cell lines need to follow importation rules and infectious disease prevention regulations. Therefore, KCLRF will counsel depositors who will need permission from authorities.

Original deposit configuration requirements
1) Procedures to be performed by the depositor

The depositor should apply for deposit using the standard format BP/1(deposit application) demanded by the Budapest Treaty. When indicating or editing the original cell line’s scientific characteristic or taxonomic location the depositor should use a format corresponding to the standard format BP/7.

2) Formal notification to the depositor

The deposit certificate and survival certificate should each be published in the international format BP/4 and BP/9. When indicating or editing the original cell line’s scientific characteristic or taxonomic location the depositor should use a format corresponding to the standard format BP/8 for the certificate. When sending out the cell line sample to a third party the depositor should be noticed in B/14 format. For other official notices KCLRF will use its own standard format.

3) Informal notice to the depositor

Before the official deposit certificate is issued, KCLRF can let the depositor know about the survival test results through the phone if requested.

4) Notification to the patent attorney

KCLRF does not demand the name and address of the patent attorney. KCLRF can send the deposit certificate and a copy of the survival test certificate to the depositor or the patent agent if requested but does not send to both.

Transforming safety deposit cell lines

In the case of safety deposit cell lines deposited for a patent purpose, the cell lines can be transformed to a deposit by the Budapest treaty. In this case, administrative requirements are the same as the original deposit by the Budapest treaty except for submitting a copy of the deposit certificate of the safety deposit cell line.

Redeposit

The depositor has to submit the BP/2 format to redeposit cell lines and submit a copy of the related documents requested by Rule 6.2. The deposit certificate and survival test certificate of the redeposit will each be issued in the international format BP/5 and BP/9.

Sample distribution

Request of samples

KCLRF will advise the third party about the steps to follow in order to legally receive cell lines. When requested a certificate of proof that the third party is eligible to receive the sample, KCLRF will give the requester a standard format BP/12 or the application format that the Industrial Property Office uses.
KCLRF will distribute samples under the premise that the requestor is responsible for the health and safety. When replying to sale requests from overseas, KCLRF regards that the requestor satisfies his or her country’s income requirement. All cell line samples that KCLRF distributes are made with its own cell lines.

Notification for the depositor

When distributing cell lines to a third party, the depositor will be notified with BP/14.

List of deposits by the Budapest treaty

KCLRF does not include deposited cell lines by the Budapest treaty in its publication list.

Fees

Patent cell line deposit fees

Shin-han bank 100-010-171739 Account holder: Korean Cell Line Research Foundation (KCLRF)

Patent cell line deposit

First deposit 900,000 won (2015.05.14)
Redeposit 70,000 won

Patent cell line deposit survival test certificate

When the depositor who needs a certificate asks for a survival test: 70,000 won
For other cases: 10,000 won

Patent deposit cell line distribution: 100,000 won
Certificate issued by rule 8.2: 100,000 won
Information transfer by rule 7.6: 100,000 won

Patent Cell Line Deposit

Reference

Forms needed for patent cell line deposit: deposit application, copy of deposit fee, copy of business registration certificate.
Deposit certificate is issued in English so the depositor should write their address and signature in English under their Korean address and signature.
Deposit cell lines should be brought frozen in dry ice or in liquid nitrogen.
Fill in the name of the patent cell line to be deposited in the ‘Identification of Microorganisms’ of the original deposit form.
Any questions while filling in the original deposit form can be answered through e-mail by the manager.
With the deposit certificate issued by the Korean Cell Line Research Foundation, you can apply for both international and domestic patents.

Korean Cell Line Bank, Korean Cell Line Research Foundation,
101, Daehak-ro, Jongno-gu, Seoul, 03080, Korea
대표자 : 박재갑 | Personal Information Security Officer : 신영경 | Company Registration Number : 208-82-03887
Tel : 82-2-3668-7915 | Fax : 82-2-742-0021 | Email : kclb@kclb.kr

KCLB (C) is a registered mark of Korean Cell Line Bank. All rights reserved. 1998~2015