SCHEDULE 1BIOLOGICAL MATERIAL
A request by a person for biological material to be made available
4.
(1)
This paragraph applies when paragraph 7 does not apply.
(2)
Where an application for a patent has been published, any person may request the comptroller to issue an authorisation certificate.
(3)
Where the application has not been published, a person who has been notified in accordance with section 118(4) may request the comptroller to issue an authorisation certificate.
(4)
A request must be made on Patents Form 8.
(5)
Where the biological material has been deposited at an international depositary authority, the request must be accompanied by the relevant form required by the Budapest Treaty.
(6)
Where the comptroller grants the request, he must send copies of the request and the certificate (and any form required by the Budapest Treaty) to—
(a)
the applicant for, or the proprietor of, the patent;
(b)
the depositary institution; and
(c)
the person making the request.