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Replacement Deposits

If a culture or other biological material should become nonviable or compromised during the effective term of the deposit, it is the responsibility of the depositor to replace it. The Budapest Treaty permits replacement of a deposit which was originally found viable and later became nonviable as long as 1) the replacement is made within three months from the notification of non-viability, and 2) the replacement has the same characteristics as the original deposit. The deposit retains the same patent deposit number and deposit date.

However, the Budapest Treaty makes no provisions for replacements of material that was originally viable and later found to have different characteristics than those originally defined. In this case, a supplemental deposit may be made, and a new deposit date and number will be assigned. All requesters of the original deposit may be notified of the supplemental deposit and given a choice as to which to purchase, as long as both deposits are freely available.

ATCC, at its discretion, may also prepare additional samples from the depositor’s original material whenever necessary for the renewal of distribution stocks.