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 Operational Directions Governing the Mutual Cooperation between 
Taiwan Intellectual Property Office and Japan Patent Office in the Field 
of Deposit of Biological Materials for the Purposes of Patent Procedure  
 
 Promulgated on June 1, 2015; entered into forc e on June 18, 2015.  
1. These Operational Directions (hereinafter referred to as “the Directions”) are 
formulated to strengthen cooperative ties between Taiwan and Japan, to 
reduce the burden of applicants having to repeat the process of making a 
deposit, to i mplement the provisions set forth in Paragraph 5, Article 27 of 
the Patent Act, and to carry out the terms stated in the Mutual Cooperation 
in the Field of Deposit of Microorganisms for the Purposes of Patent 
Procedure between Taiwan and Japan.  
 
2. In the ev ent an applicant files a patent application in the Republic of China 
and deposits biological materials in a depository located in Japan and 
designated by the Japan Patent Office, Ministry of Economy, Trade and 
Industry (hereinafter referred to as “JPO”), s uch deposit shall be governed by 
Japanese laws and regulations. However, persons qualified for requesting to 
be furnished a sample and the grounds for requesting to be furnished a 
sample shall be governed by Paragraph 1 of Article 13 and Paragraph 1 of 
Article 14 of the Regulations for the Deposit of Biological Materials for Patent 
Application.  
 
In the event an applicant files a patent application to the JPO and deposits 
biological materials in the depository located in the Republic of China and 
designated by the Taiwan Intellectual Property Office, Ministry of Economic 
Affairs (hereinafter referred to as “TIPO”), such deposit shall be governed by 
the Regulations for the Deposit of Biological Materials for Patent Application, 
unless otherwise provided in the  Directions. However, persons qualified for 
requesting to be furnished a sample and the grounds for requesting to be 
furnished a sample shall be governed by Japanese laws and regulations and 
such request shall be filed in accordance with the forms attached  to the 
Directions.  
 
3. The terms  used in the Directions are defined as follows:   
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 (1) the Treaty: Budapest Treaty on the International Recognition of the 
Deposit of Microorganisms for the Purposes of Patent Procedure;  
(2) depositor: the natural person or legal entity  transmitting the biological 
materials to a Designated Depository, which receives and accepts the 
biological materials, and any successor in title of the said natural person 
or legal entity.  
(3) Designated Depository: a depository designated by the relevant sp ecific 
agency of either side, which provides for the receipt, acceptance and 
storage of biological materials and the furnishing of samples thereof;  
(4) patent procedure: any administrative or judicial procedure relating to a 
patent application or a patent;  
(5) publication for the purposes of patent procedure: the official 
publication, or the official laying open for public inspection, of a patent 
application or a patent;  
(6) relevant specific agency: the specific agency administrates patent affairs 
of either side, i.e. , TIPO or JPO;  
(7) international depositary authority: a depository which has acquired the 
status of international depositary authority as described in Article 7 of 
the Treaty; and  
(8) biological materials: this term may be deemed by either side to be 
synonymous w ith the term “microorganisms”  
 
4. Through this mutual cooperation between TIPO and JPO, the deposit of 
biological materials made for the purposes of patent procedure at a 
Designated Depository by one side shall be recognized for the purposes of 
patent proced ure by the specific patent agency of the other side.  
 
The scope of the recognition referred to in the preceding paragraph shall 
include the fact and date of deposit provided by the Designated Depository 
and the sample as furnished directly from the deposit ed biological materials.  
 
The relevant specific agency of the other side may request a copy of 
certificate of deposit issued by the said Designated Depository indicating the 
deposit made pursuant to Paragraph 1.  
 
The Designated Depositories referred to in Paragraph 1 shall mean 
respectively the Food Industry Research and Development Institute (FIRDI)  
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 of Republic of China, and the International Patent Organism Depositary, 
National Institute of Technology and Evaluation (NITE -IPOD) and the Patent 
Microorganis ms Depositary, National Institute of Technology and Evaluation 
(NPMD) of Japan.  
 
5. In the event a Designated Depository of either side cannot furnish samples of 
the deposited biological materials for any reason, including where such 
biological materials is no longer viable or where the furnishing of the 
samples would require that they be sent abroad and the sending or the 
receipt of the samples abroad is prevented by export or import restrictions, 
the Designated Depository shall promptly notify the depositor  of such 
inability, and indicate the cause thereof. Unless otherwise provided for in 
Paragraph 6, the depositor may make a new deposit of the biological 
materials which was originally deposited.  
 
The new deposit shall be made with the Designated  Depository  with which 
the original deposit was made. In the event of any of the followings, 
however, the deposit may be made to another Designated Depository of 
either side:  
(1) where the Designated Depository with which the original deposit was 
made has ceased to have the status of Designated Depository, either 
entirely or in respect of the kind of biological materials to which the 
deposited biological materials belong, or where the Designated 
Depository with which the original deposit was made discontinues, 
temporarily  or definitively, the performance of its functions in respect of 
deposited biological materials; or  
(2) where the furnishing of samples is prevented by export or import 
restrictions.  
 
The new deposit made pursuant to Paragraph 1 or 2 shall be accompanied by 
a statement signed by the depositor alleging that the newly deposited 
biological materials are the same as those originally deposited.  
 
Unless otherwise provided for in this Point, the new deposit will be treated 
as if it had been made on the date on which t he original deposit was made 
where all the preceding statements concerning the viability of the originally 
deposited biological materials indicated that the biological materials were  
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 viable and where the new deposit was made within three (3) months after 
the date on which the depositor received the notification referred to in 
Paragraph 1.  
 
Where the furnishing of samples is prevented by the cause prescribed in 
Subparagraph 1 of Paragraph 2 and the depositor does not receive the 
notification referred to in P aragraph 1 within six (6) months after the date on 
which the termination or limitation of the status of a Designated Depository 
or the discontinuance of deposits was published by the relevant specific 
agency, the three –month time limit referred to in the p receding paragraph 
will be counted from the date of the said publication.  
 
Where the deposited biological materials have been transferred to another 
Designated Depository of each side or another international depositary 
authority and that Designated Deposi tory or that authority is in a position to 
furnish samples of such biological materials, the depositor cannot make a 
new deposit of the biological materials which were originally deposited. In 
the event the deposited biological materials have been transfer red to 
another international depositary authority and the acquiring of samples of 
those biological materials from that authority is prevented, the relevant 
specific agency may require the depositor to make a new deposit.  
 
6. With respect to biological materi als that are or will be deposited pursuant to 
the Directions, in the event the restriction of export or import thereof is 
necessary in view of security or the dangers for health or the environment, 
such restriction may be made in accordance with the laws a nd regulations.  
 
7. In order to qualify for the status of Designated Depository, any Designated 
Depository must be located in the territory of the desig nating relevant 
specific agency.  
 
8. If any Designated Depository temporarily or definitively discontinues t he 
performance of any of the tasks it should perform, the designating relevant 
specific agency shall adopt following measures:  
(1) measure to ensure that samples of all such biological materials are 
transferred promptly and without deterioration or contaminati on from 
the said Designated Depository (hereinafter referred to as “Original  
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 Depository”) to another Designated Depository of each side or another 
international depositary authority (hereinafter referred to as “Receiving 
Depository”);  
(2) measure to ensure tha t all mails or other communications addressed to 
the Original Depository, and all files and other relevant information in 
the possession of that depository, in respect of the said biological 
materials are promptly transferred to the Receiving Depository;  
(3) measure to ensure that the Original Depository promptly notifies all 
depositors affected by the discontinuance of the performance of its 
functions and the transfers effected; and  
(4) promptly notify the relevant specific agency of another side of the fact 
and t he extent of the discontinuance in question and of the measures 
which have been taken by the said side under the preceding three (3) 
subparagraphs.  
 
Where the depositor receives a certificate of deposit from the Receiving 
Depository stating the new accessi on number given to the original deposit, 
the relevant specific agency with which a patent application was filed shall be 
notified of the new accession number by the depositor.  
 
The Receiving Depository shall retain in an appropriate form the accession 
numb er given by the Original Depository, together with the new accession 
number.  
 
On the request of  any depositor affected, the Original Depository shall retain, 
as far as possible, samples of the biological materials deposited with it.  
 
9. If any Designated Dep ository refuses to accept deposit of any of the kinds of 
biological materials which it should accept, the designating relevant specific 
agency will promptly notify the relevant specific agency of another side of 
the relevant facts and the measures which ha ve been taken.  
 
10. The request of deposit, except the new deposit made under Point 5, 
(hereinafter referred to as “original deposit”), shall be made by providing the 
biological materials and a written request which bears the signature or seal 
of the deposito r and contains the followings:  
(1) the name and domicile, residence or business establishment of the  
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 depositor;  
(2) details of the conditions necessary for the cultivation of the biological 
materials, for their storage and for testing their viability and also, whe re 
a mixture of biological materials is deposited, descriptions of the 
components of the mixture and at least one of the methods permitting 
the checking of their presence;  
(3) an identification reference (number, symbols, etc.) given by the 
depositor to the bi ological materials; and  
(4) an indication of the properties of the biological materials which are or 
may be dangerous to health or the environment, or an indication that 
the depositor is not aware of such properties.  
 
The depositor may include in the written r equest referred to in the preceding 
paragraph the scientific description and/or proposed taxonomic designation 
of the deposited biological materials.  
 
The depositor may not withdraw the deposit after receiving the certificate of 
deposit issued by the Desig nated Depository.  
 
11. The new deposit made under Point 5 shall be made by providing a copy of 
the certificate of deposit of the previous deposit, a copy of the most recent 
viability statement of the biological materials which was the subject of the 
previous deposit indicating that the biological materials are viable, the 
statement proscribed under Paragraph 3 of Point 5, and a written request 
bearing the signature or seal of the depositor and containing the followings:  
(1) the indications referred to in Paragraph  1 of Point 10, unless the new 
deposit is made with the Designated Depository with which the original 
deposit was made;  
(2) a declaration stating the reason for making the new deposit and an 
indication of the date on which the depositor received the notificati on 
referred to in Paragraph 1 of Point 5 or, as the case may be, the date of 
the publication referred to in Paragraph 5 of the same point; and  
(3) where a scientific description and/or proposed taxonomic designation 
was/were indicated in connection with the pr evious deposit, the most 
recent scientific description and/or proposed taxonomic designation as 
communicated to the Designated Depository with which the previous 
deposit was made.   
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For the purposes of the preceding paragraph and Paragraph 4 of Point 13, 
“previous deposit” means the original deposit where the new deposit has 
not been preceded by one or more other new deposits, or the most recent of 
those other new deposits, where the new deposit has been preceded by one 
or more other new deposits.  
 
12. The Desi gnated Depositories, in order to proceed with deposit affairs, may 
require the depositor to follow prescribed necessary form and quantity of 
the biological materials as well as document format and fee requirements.  
 
The document relating the request of dep osit and written statement shall be 
in the language, or in any of the languages, specified by relevant specific 
agencies.  
 
Unless otherwise provided for by laws and regulations, the depositor and the 
Designated Depository may enter into a contract on the s cope of their 
obligations.  
 
In the event of any of the following situations, the Designated Depository 
shall refuse to accept the deposit of biological materials and immediately 
notify the depositor in writing of such refusal and of the reasons therefor:  
(1) where the biological materials are not the types acceptable to the 
Designated Depository;  
(2) where the properties of the biological materials are so exceptional that 
the Designated Depository is technically not in a position to perform the 
tasks in relation to  them; or  
(3) where the original or new deposit is received in a condition which 
clearly indicates that the biological materials are missing or which 
precludes for scientific reasons the acceptance of the biological 
materials.  
 
A Designated Depository shall re ceive a request of deposit that is in absence 
of the situations mentioned in the preceding paragraph, is in compliance 
with Point 10 or 11, and is in compliance with Paragraph 1 and 2 of this Point. 
For any noncompliance, the Designated Depository shall pr omptly notify the 
depositor to rectify the noncompliance.   
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When the biological materials have been accepted as the original or new 
deposit, except where the new deposit does not fall under Paragraph 4 of 
Point 5, the date of that original or new deposit, a s the case may be, shall be 
the date on which the biological materials were received by the Designated 
Depository.  
 
13. With respect of each deposit of biological materials effected with or 
transferred to, the Designated Depository shall perform viability tes t and 
issue a certificate of deposit to the depositor when the biological materials 
are proved to be viable.  
 
The certificate of deposit shall bear the signature or seal of the person having 
the power to represent the Designated Depository or any other per son duly 
authorized by the said person. Any words or letters in the certificate of 
deposit in characters other than those of the Latin alphabet shall also appear 
therein transliterated in characters of the Latin alphabet.  
 
The certificate of deposit of ori ginal deposit shall contain following items:  
(1) the name and address of the Designated Depository;  
(2) the name and domicile, residence or business establishment of the 
depositor;  
(3) the date of original deposit as defined in Paragraph 6 of Point 12;  
(4) the identificat ion reference (number, symbols, etc.) given by the 
depositor to the biological materials;  
(5) the accession number given by the Designated Depository to the 
deposit of biological materials; and  
(6) where the depositor has provided the scientific description and/or  
proposed taxonomic designation of the biological materials pursuant to 
Paragraph 2 of the Point 10, the scientific description and/or proposed 
taxonomic designation.  
 
The certificate of deposit of new deposit shall contain following items and be 
accompani ed by a copy of certificate of deposit of the previous deposit and a 
copy of the most recent viability statement of the biological materials which 
were the subject of the previous deposit indicating that the biological 
materials were viable:   
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 (1) the name and a ddress of the Designated Depository;  
(2) the name and domicile, residence or business establishment of the 
depositor;  
(3) the date of original deposit as defined in Paragraph 6 of Point 12;  
(4) the identification reference (number, symbols, etc.) given by the 
deposito r to the biological materials;  
(5) the accession number given by the Designated Depository to the new 
deposit;  
(6) the relevant reason and date as stated by the depositor pursuant to 
Subparagraph 2, Paragraph 1 of Point 11;  
(7) where the depositor has provided the sci entific description and/or 
proposed taxonomic designation of the biological materials pursuant to 
Subparagraph 3, Paragraph 1 of the Point 11, the scientific description 
and/or proposed taxonomic designation; and  
(8) the accession number given to the previous deposit.  
 
The Designated Depository, when acting as the Receiving Depository 
mentioned in Paragraph 1 of Point 8, shall issue to the depositor, in respect 
of each deposit in relation with which a sample is transferred, a certificate of 
deposit which contai ns following items:  
(1) the name and address of the Receiving Depository;  
(2) the name and domicile, residence or business establishment of the 
depositor;  
(3) the date on which the transferred biological materials were received by 
the Receiving Depository, i.e. the da te of the transfer;  
(4) the identification reference (number, symbols, etc.) given by the 
depositor to the transferred biological materials;  
(5) the accession number given by the Receiving Depository to the 
transferred biological materials;  
(6) the name and address of  the Original Depository;  
(7) the accession number given by the Original Depository to the 
transferred biological materials; and  
(8) where the depositor has provided the scientific description and/or 
proposed taxonomic designation of the biological materials pursu ant to 
Paragraph 2 of Point 10 or Subparagraph 3, Paragraph 1 of the Point 11, 
or provided or modified the scientific description and/or proposed 
taxonomic designation after deposit pursuant to Point 14, such scientific  
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 description and/or proposed taxonomi c designation.  
 
On request of any person entitled to receive a sample of the deposited 
biological materials, the Designated Depository shall communicate to such 
person the most recent scientific description and/or proposed taxonomic 
designation referred to  in Paragraph 2 of Point 10, Subparagraph 3, 
Paragraph 1 of Point 11, or Subparagraph 3, Paragraph 2 of Point 14.  
 
14. Where the depositor did not provide the scientific description and/or 
taxonomic designation of the deposited biological materials, he or she  may 
provide it afterward or modify the provided content.  
 
The provision or modification mentioned in the preceding paragraph shall be 
made in a written notification to the Designated Depository with which the 
deposit is made. The written notification shal l bear the signature or seal of 
the depositor and contain the following items:  
(1) the name and domicile, residence or business establishment of the 
depositor;  
(2) the accession number given by the Designated Depository to the 
deposit of biological materials;  
(3) the scientific description and/or proposed taxonomic designation of the 
biological materials; and  
(4) in the case of an modification, the last preceding scientific description 
and/or proposed taxonomic designation.  
 
On the request of the depositor, the Designated Depository shall list the 
items mentioned in the preceding paragraph and the date the written 
notification is received by it in writing, and reply to the depositor.  
 
15. Any biological materials deposited with a Designated Depository shall be 
stored by it, wi th all the care necessary to keep them viable and 
uncontaminated, for a period of at least five years after the most recent 
request for the furnishing of a sample of the deposited biological materials 
were received by the said Designated Depository and, in  any case, for a 
period of at least 30 years after the date of the deposit.  
 
No Designated Depository will give information to anyone whether any  
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 biological materials have been deposited with it pursuant to the Directions. 
The Designated Depository is unde r the obligation to keep confidential any 
biological materials deposited with it and relevant information; it shall not 
provide information concerning any biological materials deposited with it 
except when providing a sample pursuant to the Directions.  
 
16. The Designated Depository shall test the viability of each biological material 
deposited with it at the following timing:  
(1) promptly after any original deposit, new original, or transference 
referred to in Point 10, 11 or 8;  
(2) at reasonable intervals, depending  on the kind of biological materials 
and their possible storage conditions, or at any time, if necessary for 
technical reasons; and  
(3) at any time, on the request of the depositor.  
 
The Designated Depository shall issue a viability statement to these persons 
listed in the events of the following:  
(1) to the depositor, promptly after any original deposit, new original, or 
transference referred to in Point 10, 11 or 8;  
(2) to the depositor, on his request, at any time after the original deposit, 
new original, or transfe rence; and  
(3) to the person and entity, other than the depositor, who requests 
samples of the deposited biological materials to be furnished in line 
with Point 17, on his or its request, together with or at any time after 
such furnishing of samples.  
 
The viab ility statement shall indicate whether the biological materials are or 
are no longer viable and shall contain following items:  
(1) the name and address of the Designated Depository;  
(2) the name and domicile, residence or business establishment of the 
depositor;  
(3) the date referred to Subparagraph 3, Paragraph 3 of Point 13 or, where a 
new deposit or a transfer has been made, the most recent of the dates 
referred to in Subparagraph 3, Paragraph 4 or Subparagraph 3, 
Paragraph 5 of same point;  
(4) the accession number give n by the Designated Depository to the 
deposit of biological materials;   
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 (5) the date of the viability test to which it refers; and  
(6) information on the conditions under which the viability test has been 
performed, in the event that the results of the viability te st were 
negative.  
 
The viability statement issued in accordance with Subparagraph 2 or 3 of 
Paragraph 2 shall refer to the most recent viability test.  
 
As to languages and signature or seal, Paragraph 2 of Point 13 shall apply 
mutatis mutandis  to the viabi lity statement.  
 
The issuance of the viability statement in accordance with Subparagraph 1 of 
Paragraph 2 or to the relevant specific agencies shall be free of charge. The 
viability statement issued for other situations shall be charged in accordance 
with Point 19.  
 
17. Any Designated Depository shall furnish a sample of any deposited biological 
materials to the relevant specific agency. Such relevant specific agency shall 
make the request of sample furnishing in line with Annex 1 and declare 
following items:  
(1) an application referring to the deposit of the biological materials that 
have been filed with that relevant specific agency for the grant of a 
patent and that the subject matter of that application involves the said 
biological materials or the use thereof;  
(2) such application is pending before that relevant specific agency or has 
led to the grant of a patent;  
(3) the sample is needed for the purposes of a patent procedure having 
effect in the said side; and  
(4) the said sample and any information accompanying or resul ting from it 
will be used only for the purposes of the said patent procedure.  
 
Any Designated Depository shall furnish a sample of any deposited biological 
materials to following requesters who file the request in line with Annex 2:  
(1) to the depositor; and  
(2) to any person or entity that is authorized by the depositor, provided that 
the request is accompanied by a declaration of the depositor 
authorizing the requested furnishing of a sample.   
13 
 
  
Any Designated Depository shall furnish a sample of any deposited biol ogical 
materials to any person or entity that is entitled to be furnished a sample 
under the law governing patent procedure before the relevant specific 
agency.  
 
The person or entity entitled to be furnished a sample mentioned in the 
preceding paragraph sh all make the request in line with Annex 3 on which 
the relevant specific agency certificates the following items:  
(1) an application referring to the deposit of that biological materials have 
been filed with that relevant specific agency for the grant of a  patent 
and that the subject matter of that application involves the said 
biological materials or the use thereof;  
(2) the application has been published, or is yet to be published but the 
conditions for furnishing a sample are deemed to be fulfilled in li ne with 
the law governing patent procedure before the relevant specific agency, 
where the applicable provision of the said law or any court decision as 
the basis of pre -publishing sample -furnishing shall be cited; and  
(3) the person or entity requesting th e furnishing of samples has a right to 
receive a sample of the biological materials under the law governing 
patent procedure before the relevant specific agency, or where the 
person or entity requesting the furnishing of samples has affixed his or 
her sign ature or seal on a form of the relevant specific agency and the 
conditions for furnishing a sample are deemed to be fulfilled in line with 
the law governing patent procedure before the relevant specific agency 
on the basis of such signature or seal.  
 
In re spect of patents granted and published by any relevant specific agency, 
lists of the accession numbers given by the Designated Depository to the 
deposits of the biological materials referred to in the said patents may from 
time to time be communicated to a ny Designated Depository by such 
relevant specific agency. In respect of deposited biological materials whose 
accession numbers have been so communicated, the relevant specific agency 
will not be required to provide certification of the items prescribed in  the 
preceding paragraph.  
 
18. Any request, declaration, certification or communication referred to in the  
14 
 
 preceding point shall be made in accordance with the following:  
(1) in the official language or one of the official languages of the Designated 
Depository; and 
(2) in writing, bearing a signature or seal and be dated.  
 
The request, declaration or certification referred to in Paragraph 1, 2, 4 of the 
preceding point shall contain the following items:  
(1) the name and domicile, residence or business establishment of th e 
person or entity requesting to be furnished a sample;  
(2) the accession number given to the deposit;  
(3) where the request is made pursuant to Paragraph 1 of the preceding 
point, the filing date and number of the patent application or the 
publication date and ce rtificate number of patent referring to the 
deposit; and  
(4) where the request is made pursuant to Paragraph 4 of the preceding 
point, the items referred to in Subparagraph 3 of the paragraph and the 
name and address of the relevant specific agency which has m ade the 
certification.  
 
The container in which the sample furnished is placed shall be marked by the 
Designated Depository with the accession number given to the deposit and 
be accompanied by a copy of the certificate of deposit referred to in Point 13, 
an indication of any properties of the biological materials which are or may 
be dangerous to health or the environment and, upon request, an indication 
of the conditions which the Designated Depository employs for the 
cultivation and storage of the biologica l materials.  
 
The Designated Depository having furnished a sample to any party other 
than the depositor shall notify the depositor in writing of that fact, the date 
on which the said sample was furnished, and the name and domicile, 
residence or business es tablishment of the person or entity to whom or to 
which the sample was furnished. The said notification shall be accompanied 
by copies of relevant documents including the request and declaration.  
 
The furnishing of samples referred to in Paragraph 1 of the  preceding point 
shall be free of charge. Where the furnishing of samples is made pursuant to 
Paragraph 2 or 3 of the preceding point shall be charged in accordance with  
15 
 
 Point 19.  
 
19. The Designated Depositories, in order to proceed with deposit affairs, may  
charge a fee:  
(1) for storage;  
(2) for issuance of viability statements, unless otherwise provided for in 
Paragraph 6 of Point 16; and  
(3) for furnishing of samples, unless otherwise provided for in Paragraph 6 
of the preceding point.  
 
The fee for storage referred to  in the preceding paragraph shall be for the 
whole duration of the storage of the biological materials as described in 
Paragraph 1 of Point 15.  
 
The amount of any fee shall not vary on account of the nationality, domicile 
or residence or business establish ment of the depositor, or on account of the 
domicile or residence or business establishment of the person or entity 
requesting issuance of a viability statement or furnishing of samples.  
 
20. The time period regulated in the Directions shall be calculated as follows:  
 
(1) When a period is expressed as one year or a certain number of years, 
computation shall start on the day following the day on which the 
relevant event occurred, and the period shall expire in the relevant 
subsequent year in the month having the sa me name and on the day 
having the same number as the month and the day on which the said 
event occurred, provided that if the relevant subsequent month has no 
day with the same number the period shall expire on the last day of that 
month.  
 
(2) When a period is  expressed as one month or a certain number of 
months, computation shall start on the day following the day on which 
the relevant event occurred, and the period shall expire in the relevant 
subsequent month on the day which has the same number as the day 
on which the said event occurred, provided that if the relevant 
subsequent month has no day with the same number the period shall 
expire on the last day of that month.   
16 
 
  
(3) When a period is expressed as a certain number of days, computation 
shall start on the d ay following the day on which the relevant event 
occurred, and the period shall expire on the day on which the last day of 
the count has been reached.  
 
21. Where the request of deposit of biological materials has been filed prior to 
the implementation of the Directions and the relevant patent application for 
invention is filed to the relevant specific agency after such implementation, 
the Directions may also apply.   
Annex 1 ( 1/ 2) 
 Annex 1  
 
OPERATIONAL DIRECTIO NS GOVERNING THE MUT UAL COOPERATION BETW EEN 
TAIWAN INTELLECTUAL PROPERTY OFFICE AND JAPAN PATENT OFFICE IN THE FIELD 
OF DEPOSIT OF BIOLOG ICAL MATERIALS FOR T HE PURPOSES OF PATEN T PROCEDURE  
 
REQUEST FOR THE FURNISHING OF SAMPLES OF DEPOSITED BIOLOGICAL MATERIALS  
pursuant to paragraph 1 of Article 17  
 
To 
 
 
 
 
Name and Add ress of the Depository  
 
THE UNDERSIGNED AGEN CY HEREBY REQUESTS T HE FURNISHING OF A S AMPLE OF 
THE BIOLOGICAL MATER IAL IDENTIFIED HEREU NDER, IN ACCORDANCE WITH 
PARAGRAPH 1 OF ARTIC LE 17 OF THE OPERATIONAL DIRECTIONS.  
Ⅰ. IDENTIFICATION OF THE BIOLOGICAL MATERIAL              
Accession number of the deposit  
 
Ⅱ. DECLARATION   
It is hereby declared that  
(1) patent application No.     , filed on     , referring to the deposit of the 
biological material identified under I above  has been filed with this Agency for 
the grant of patent and that the subject matter of that application involves the 
said biological material or the use thereof.  
(2) such application  
□ is pending before this Agency  
□ has led to the grant of patent No.      , granted on       
(3) the sample of the said biological material is needed for the purposes of a patent 
procedure, in accordance with subparagraph 3, paragraph 1 of Article 17  
(4) the said sample and any information accompanying or resulting from it will be 
used only for the purposes of the said patent procedure.  
Ⅲ. REQUEST FOR INFORMATION           
The undersigned Agency  
                   □requests          □does not request  To be completed  
in duplicate   
Annex 1 ( 2/ 2) 
 an indication of the conditions which the Depository employs for the cultivation 
and storage of the biological material.  
Ⅳ.DESTINATION OF BIOLOGICAL MATERIAL  
(Please provide the information of the person to whom the sample should be sent 
in this Agency.)  
                   Name:  
                   Address:  
                   Mail:                  
Ⅴ. RELEVANT SPECIFIC AGENCY          
       Relevant specific agency  
   Address:                          Signature or seal:   
                                    Date:   
   (Country:)  
  
Annex 1 ( 3/ 2) 
  
Annex 2 ( 1/ 2) 
 Annex 2  
 
OPERATIONAL DIRECTIO NS GOVERNING THE MUT UAL COOPERATION BETW EEN 
TAIWAN INTELLECTUAL PROPERTY OFFICE AND JAPAN PAT ENT OFFICE IN THE FI ELD 
OF DEPOSIT OF BIOLOG ICAL MATERIALS FOR T HE PURPOSES OF PATEN T PROCEDURE  
 
REQUEST FOR THE FURNISHING OF SAMPLES OF DEPOSITED BIOLOGICAL MATERIALS  
pursuant to paragraph 2 of Article 17  
 
To 
 
 
 
 
Name and Address of t he Depository  
 
THE UNDERSIGNED AUTH ORIZED PARTY HEREBY REQUESTS THE FURNISH ING OF A 
SAMPLE OF THE BIOLOG ICAL MATERIAL IDENTI FIED HEREUNDER, IN A CCORDANCE 
WITH PARAGRAPH 2 OF ARTICLE 17 OF THE  OPERATIONAL DIRECTIONS.  
Ⅰ. IDENTIFICATION OF THE BIOLOGICAL MAT ERIAL              
Accession number of the deposit  
 
Ⅱ. DECLARATION OF THE DEPOSITOR                 
The undersigned depositor of the biological material identified under Ⅰabove 
hereby authorizes the furnishing of a sample of the said biological material to the 
party specified under V below.  
     Name of the depositor:   
     Address:                       Signature or seal:  
                                   Date:   
    (Country:)  
Ⅲ. REQUEST FOR INFORMAT ION 
The undersigned authorized party  
                   □requests          □does not request  
an indication of the conditions which the Depository employs for the cultivation 
and storage of the biological material.  
Ⅳ.DESTINATION OF BIOLOGICAL MATERIAL  
(Please provide the information of the person to whom the sample should be sent 
in the party specified under V below.)  To be completed 
in duplicate   
Annex 2 ( 2/ 2) 
                    Name:  
                   Address:  
                   Mail:                  
Ⅴ. AUTHORIZED PARTY               
 
   Name of the authorized party:   
   Address:                          Signature or seal:   
                                    Date:   
   (Country:)  
Ⅵ. Agent*  
                Name:   
                Signature or seal:   
                Address:  
                Mail:                  
* A power of attorney  is required to attach if you have someone to act as your agent , 
and mark with a cross the box below  
□ a power of attorney  
  
Annex 2 ( 3/ 2) 
  
Annex 3 ( 1/ 3) 
 Annex 3  
 
OPERATIONAL DIRECTIO NS GOVERNING THE MUT UAL COOPERATION BETW EEN 
TAIWAN INTELLECTUAL PROPERTY OFFICE AND JAPAN PAT ENT OFFICE IN THE FI ELD 
OF DEPOSIT OF BIOLOG ICAL MATERIALS FOR T HE PURPOSES OF PATEN T PROCEDURE  
 
REQUEST FOR THE FURNISHING OF SAMPLES OF DEPOSITED BIOLOGICAL MATERIALS  
pursuant to paragraphs 3 and 4 of Article 17  
 
To 
 
 
 
 
Name and Address of the Depository  
 
THE UNDERSIGNED HERE BY REQUEST THE FURNI SHING OF A SAMPLE OF  THE 
BIOLOGICAL MATERIAL IDENTIFIED HEREUNDER , IN ACCORDANCE WITH  
PARAGRAPHS 3 AND 4 O F ARTICLE 17 OF THE OPERATIONAL DIRECTIONS.  
Ⅰ. IDENTIFICATION OF THE BIOLOGICAL MATERIAL         
Accession number of the deposit:  
 
Ⅱ. PATENT APPLICATION OR PATENT REFERRING TO THE BIOLOGICAL MATERIAL                   
□ Patent application No. :                        filed on:  
Filed by (name):                       
  Address:                                    
□ Patent No.:                                granted on:  
Granted to (name):                      
  Address:                                    
Ⅲ. REQUEST FOR INFORMAT ION 
The unders igned  
                   □requests          □does not request  
an indication of the conditions which the Depository employs for the cultivation 
and storage of the biological material.  
Ⅳ. DECLARATION  
□The undersigned declares that the biological material wi ll be utilized sol ey for 
research and experimental purposes, and  shall not be utilized for commercial 
purposes. The undersigned understands that any breach will incur punishment by To be completed 
in duplicate   
Annex 3 ( 2/ 3) 
 relevant laws.  
□The undersigned declares that the biological material will not be provided to 
others. The undersigned understands that any breach will incur punishment by 
relevant laws  
□The undersigned understands that the biological material is pathogenic or may 
damage the environment. The undersigned declares that the biologica l material will 
be utilized solely for research and experimental purposes, and will not be released 
out of laboratories. The undersigned promises to destroy the biological material 
immediately after using and will inform the Depository. The undersigned 
understands that any breach will incur punishment by relevant laws.  
Ⅴ. DESTINATION OF BIOLOGICAL MATERIAL  
(Please provide the information of the person to whom the sample should be sent 
in the party specified under VI below.)  
                   Name:  
                   Address:  
                   Mail:                           
Ⅵ. CERTIFIED PARTY  
          Name:   
          Signature or seal:   
          Address:   
          Mail:        
Ⅶ. Agent*     Name:   
                Signature or seal:   
                Address:  
                Mail:                  
* A po wer of attorney  is required to attach if you have someone to act as your agent , 
and mark with a cross the box below  
□ a power of attorney   
Annex 3 ( 3/ 3) 
  
 
Ⅷ. CERTIFICATION  
It is hereby certified that  
(1) □ the patent application specified under II above, referring to the d eposit of the 
biological material identified under I above, has been filed with this Agency for 
the grant of a patent and its subject matter involves the said biological material 
or the use thereof.  
 
□ the patent specified under II above, referring to the deposit of the biological 
material identified under I above, has been granted by this Agency and its 
subject matter involves the said biological material or its use thereof  
 
 
(2)□ publication for the  patent application has been effected  
or 
□ publication for the patent application has not been effected, but the certified 
party has a right to a sample of the biological material before publication in 
accordance with the following provision of the law gove rning patent procedure 
or court decision.  
 
 
(3)□ the certified party has a right to a sample of the biological material identified 
under I above under the law governing patent procedure before this Agency and 
this Agency is satisfied that the conditions, i f any, prescribed by the said law have 
actually been fulfilled  
or 
□ the certified party has affixed his signature on a form  before this Agency and, 
as a consequence of the signature of the said form, the conditions for furnishing 
a sample of the biological  material identified under I above to the certified party 
are deemed to be fulfilled in accordance with the law governing patent 
procedure before this Agency.  
Relevant specific agency  
Address:                          Signature or seal:   
       :                             Date:   
(Country:)  
 
  
Annex 3 ( 4/ 3)