346. Biological material.

The specification of an application for a patent1, or of a patent, for an invention2 which requires for its performance the use of or concerns biological material is to be treated as disclosing the invention in a manner which is clear enough and complete enough for the invention to be performed by a person skilled in the art if the following requirements are satisfied3.

The requirements are:

  1.  

    (1)     that on or before the date of filing4 of the application, the biological material has been deposited in a depositary institution5 and that institution will be able to furnish subsequently a sample