Peter Dernbach quoted in Asia IP on new patent application agreement

by WP

Partner Peter Dernbach recently provided insight into Taiwan and Japan’s recent agreement to mutually recognize biological material deposits for patent prosecution purposes. In Asia IP’s August edition, Peter explains that the June launch of the “Cooperative Program on Mutual Recognition of Deposit of Biological Materials for the Purpose of Patent Procedure” agreement by the Japan Patent Office (JPO) and the Taiwan Intellectual Property Office (TIPO) means that applications that contain biological material deposits will now take less time, as previously this material was required to be submitted separately. Other benefits include lower costs and the recognition of material deposited in either country’s institutions. This makes duplicate deposits unnecessary.

Peter continues by noting, “A final benefit from the Taiwan side is that this agreement may pave the way for additional bilateral agreements with other leading patent offices. Given Taiwan’s unique political situation, it is not a member of the Budapest Treaty, or many other international conventions”.

The designated depository institutions are the Food Industry Research and Development Depository Institute (FIRDI) in Taiwan, and the International Patent Organism Depositary of the National Institute of Technology and Evaluation (NITE-IPOD) and the NITE Patent Microorganisms Depositary (NPMD) in Japan. Peter adds that barring a significant increase in workloads, additional institutions are unlikely to be added in the short term.

You can read the full article on the new patent application agreement here.