Regulations for the Deposit of Biological Material for Patent Application Article 17

Where the Depository cannot continue furnishing the deposited biological materials because the deposited biological materials that had originally been found viable were no longer nonviable, or due to other circumstances, the date of re-deposit may be deemed the original deposit date if the requester replaces the biological materials within 3 months after having received the notification of non-viability from the Depository.Where the depositor cannot replace the biological materials within the time period prescribed in the preceding paragraph due to the properties of the biological materials or other legitimate reasons, the period referred to in the preceding paragraph may be extended once such extension has been approved by the Depository.For replacing the biological materials pursuant to the preceding two paragraphs, the depositor shall provide an affidavit alleging that the replacement is the same as the original deposit.Where the replaced biological materials are not received by the Depository within the specified time limit referred to in the preceding paragraphs, the date of deposit shall be the date on which the Depository receives a replacement of biological materials.Where the depositor does not replace the biological materials pursuant to Paragraph 1 to 3, the Depository shall notify the Specific Patent Agency.