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Furnishing is the process whereby a sample of a cell line or hybridoma submitted to an International Depository Authority, such as CellBank Australia, is provided to an authorized party. A general overview of the process for furnishing a patent deposit is given below. However, we strongly encourage all authorized parties seeking to be furnished with a particular deposit to contact us so we can further discuss the process.
Authorized parties
Under the Budapest Treaty, only authorized parties may request the furnishing of a patent deposit. Authorized parties are:
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The Industrial Property Offices of Contracting States under the Treaty or any intergovernmental industrial property organisation
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The Depositor or a party authorized by the Depositor
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A party certified to be legally entitled to be furnished a deposit by an Industrial Property Office
Notwithstanding any entitlement to be furnished a cell line, CellBank Australia also requires the authorized party to demonstrate they have the appropriate containment facilties to handle the cell lines upon receipt.
Completing the furnishing forms
Industrial Property Offices should use Form BP/10 to request a sample. Depositors, or parties authorized by the Depositor of the cell line, should use Form BP/11. Other parties claiming legal entitlement to be furnished a cell line should generally complete Form BP/12, noting that the form requires certification from the relevant Industrial Property Office before submission to CellBank Australia.
Form BP/13 may be used in place of Form BP/12 where the Industrial Property Office has granted and published the patent related to the cell line and authorize CellBank Austarlia to fulfill furnishing requests for this cell line. Please check with CellBank Australia before using this form.
If you are a new customer, please also complete a Client Account Application Form.
Please scan and send the completed forms by email to CellBank Australia (info@cellbankaustralia.com). Please contact us if you have any questions when completing the forms.
Furnishing of the cell lines
Once we have processed your furnishing forms, confirmed that you are authorized to be furnished the cell line, and confirmed you have the appropriate containment facilities to handle the cell line, we will contact you to arrange the furnishing of the cell lines.
All authorized parties, except the Industrial Property Offices of Contracting States and intergovernmental industrial property organisations, are charged a fee for the furnishing of the sample. The fee for furnishing the cell must be paid prior to the cell line being shipped. In addition, all other expenses associated with furnishing the sample (e.g. GST, other applicable taxes, shipping costs, import/export charges, regulatory charges, etc.) must be paid by any authorized party prior to shipping.
The authorized party is also responsible for making all arrangements regarding shipping including arranging relevant import or export permits and insurance (if required).
The Depositor is notified in writing (Form BP/14) after the cell line has been furnished.
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