International Depositary Authority of Canada (IDAC)

The International Depositary Authority of Canada (IDAC) is a patent depositary for microorganisms that has been made possible by Canada's accession to the Budapest Treaty on the International Recognition of the Deposit of Micro-Organisms for the Purposes of Patent Procedure (the Budapest Treaty) on September 21, 1996. In addition, amendments to the Canadian Patent Act and Patent Rules to ensure conformity with the Budapest Treaty came into effect on October 1, 1996.

On this page:

• Requirements for Deposit
• Furnishing of Samples
• Schedule of Fees
• Deposit forms

Requirements for Deposit

Kinds of Microorganisms that May Be Deposited

We will accept for deposit: animal viruses of Risk Group Levels 1 and 2 that can be propagated in cell culture, Risk Group Levels 1 and 2 bacteria, all bacteriophages, all mammalian cell lines, and all cloned genes. Fungi, hybridomas, yeasts, plasmids and vectors, libraries and other DNA material also will be accepted.

Technical Requirements and Procedures

Form and Quantity

We will only accept deposits that can be preserved without significant change to their properties by freezing or lyophilization. Deposits that cannot be preserved in this manner or can only be maintained in active culture may be accepted on an individual basis upon due consideration, but only with prior negotiation and determination of associated fees.

Depositors must supply frozen or freeze-dried material.

The quantity of material required for the various types of deposits is as follows:

Requirements for Deposit

Time Required for Viability Testing

The time required for testing the viability of the different types of deposits is indicated below. However, depositors should be aware that in certain cases viability testing may take longer.

If applicable, the deposit is deemed "viable" when the supplied material successfully transforms, infects or otherwise alters a host cell as expected.

Depositor Checks and Renewal of Stocks

It is the responsibility of the depositor to furnish a sufficient quantity of the material for the specified period of storage time. If a culture or other biological material should become non-viable or be destroyed during the effective term of the deposit, it is the responsibility of the depositor to replace it with viable material. We may consider, for a fee, to replenish the material on behalf of the depositor, however, it is the responsibility of the depositor to authenticate the material we have prepared matches the original and to inform the IDAC of their validation results. Whichever method is used for renewal of stocks we will maintain a portion of the material originally submitted for deposit.

Depositors are reminded to provide IDAC with updates to their addresses and patent information for the life of the deposit.

Administrative Requirements and Procedures

General

Language: The official languages of Canada and the IDAC are English and French. Communications in any other language are not accepted.

Contract: The IDAC does not enter into any written contract with the depositor defining the liabilities of either party, except in the case of certain dangerous organisms, where the depositor must agree to accept and handle them at his/her/their own risk. Also, by completing the BP/1 deposit form, the depositor foregoes any right to withdraw his/her/their own deposit during the required storage period and accepts that the material will be distributed according to the relevant patent requirements.

Import and/or Quarantine Regulations for Canada: The IDAC is subject to Canadian and international regulations governing the importation, exportation and transportation of infectious substances.

The depositor should contact us in advance of submitting a deposit.

For international deposits: The IDAC must request an import permit (based on information provided by the depositor) before shipment of the material can occur. Copies of any required permits must accompany the shipment. Failure by a depositor to supply all required permits could result in the deposit being refused entry into Canada.

For background information relating to the importation and safe handling of infectious substances affecting humans for Canada

see (https://www.canada.ca/en/services/health/biosafety-biosecurity.html) or contact:

The Public Health Agency of Canada
100 Colonnade Road
Ottawa, ON, Canada, K1A 0K9

Email: pathogens.pathogenes@phac-aspc.gc.ca

Phone: (country code for Canada: 1) 613-957-1779

Information regarding veterinary pathogens and permits is available at Agriculture and Agri-Food Canada, (https://agriculture.canada.ca/en/contact)

For all inquiries regarding transportation of regulated material, see Transport Canada (https://www.ccohs.ca/oshanswers/legisl/tdg/tdg_overview.html)

These three agencies may provide assistance gathering relevant regulations applicable in certain countries other than Canada; however, we advise depositors to contact the appropriate agencies for their own country to verify export requirements prior to shipment or importation.

Making the Original Deposit

Requirements to Be Met by the Depositor: We require depositors to complete the Statement in The Case of An Original Deposit (form BP/1) in order to meet the requirements of the Budapest Treaty. In the event of later amendments to the scientific description and/or proposed taxonomic designation, the depositor must complete the BP/7 form. In the case of a new deposit made under Article 4 of the Budapest Treaty the depositor must complete form BP/2.

Official Notifications to the Depositor: Notifications of receipt and viability are issued on the mandatory international forms (BP/4 and BP/9, respectively). Attestation of receipt of an amendment of the scientific description and/or proposed taxonomic designation is issued on form BP/8. If requested, notification of furnishing of a sample to a third party is issued on form BP/14.

Unofficial Notifications to the Depositor: If requested, the IDAC will convey the date of deposit and accession number after the submission has been received-but before the official receipt is issued. Notification of the result of the viability testing is only communicated through official written correspondence.

Supply of Information to Patent Agent: If requested, we will supply copies of the receipt and viability statement to the depositor's patent agent.

Converting a Previous Deposit

We do not permit the conversion of deposits not originally made for patent purposes for Budapest Treaty deposits. The procedures outlined above for making a deposit must be followed in all cases.

Making a New Deposit

In the advent that a new deposit is submitted we require the Statement in The Case of a New Deposit (form BP/2) be completed. The deposit will retain its initial deposit number and date as long as the replacement deposit is viable, the deposit is made within three months of receiving notification from us and we receive a statement signed by the depositor alleging that the newly deposited material is the same as that originally deposited. Charges for viability testing are required for new deposits.

Furnishing of Samples

Requests for Samples

We make available samples of deposited material only to parties who are so entitled under the terms of the Budapest Treaty and its Regulations. We will provide requesting parties with request forms (as appropriate) or assist with obtaining the necessary forms required for their request.

We accept deposits of organisms that are potentially hazardous and may be subject to health and safety regulations. When such organisms are requested, we withhold issuing samples until it has been confirmed that the requesting party can comply with such regulations. In certain cases, before agreeing to release a sample we require that the requesting party sign an assurance of acceptance of responsibility. To expedite release of such samples it is therefore advisable that all requests be accompanied by relevant documentation attesting to the fact that the requesting party has the facilities required for, and agrees to the regulations governing, the handling of the requested material.

We attempt to ensure that the correct documentation is obtained prior to the shipping of requested material. However, it is the responsibility of the requesting party to obtain all required permits.

Notification of the Depositor

Unless the right to be so notified has been waived, we will notify the depositor on form BP/14 each time a sample of the deposit is furnished to a third party.

Cataloguing of Budapest Treaty Deposits

At this time we do not publish a catalogue of our culture collection.

Schedule of Fees

Patent depositary fee schedule*

Service	Fee (CAD)
Viability Testing	$200
30 Years Storage	$800
30 Years Notification	$500
5 Additional Years of Storage (beyond original 30 years)	$125
Furnishing of Samples	$50 (+Shipping)
Attestation	$50
Communication of Scientific Description to 3rd Party	$50

This list represents base prices. Deposits requiring special conditions or care are subject to surcharges. All fees are subject to the Canadian Goods and Services Tax (GST) at the current rate. Cheques should be made payable to The Receiver General of Canada.

Deposit forms

IDAC Deposit forms are available for download:

1. Statement in the Case of an Original Deposit: To be filled in by depositor when making the original deposit. Two (2) copies must accompany every original deposit. (IDAC/BP/1)
2. Statement in the Case of a New Deposit: To be filled in by depositor when a second deposit for a file is made (i.e. to complete original deposit, to replace a non-viable deposit). (IDAC/BP/2/3)
3. Communication of the Later Indication or an Amendment of the Scientific Description and/or Proposed Taxonomic Designation: To be filled in by depositor when any changes to the scientific description or proposed taxonomic designation of an existing deposit are made. (IDAC/BP/7)
4. Request for Sample from Industrial Property Offices: To be filled in by IPO when requesting sample. (IDAC/BP10)
5. Request for Sample from Authorized Parties: To be filled in by the party requesting sample. (IDAC/BP/11)
6. Request for Sample from Certified Parties: To be jointly filled in by the party requesting the sample and the relevant IPO, which verifies that the requesting party is entitled to a sample. (IDAC/BP/12)
7. Request for Sample After Accession Number Publication: To be filled in by requestor. (IDAC/BP/13)
8. Payment Certification: To be filled in by requestor. (IDAC/FIN-1)

Contact us

International Depositary Authority of Canada
National Microbiology Laboratory of Canada
1015 Arlington Street
Winnipeg, Manitoba, R3E 3R2

Telephone: (country code for Canada: 1) 204-789-6035
Facsimile: (country code for Canada: 1) 204-789-2018

Email: PHAC.IDAC-ADIC.ASPC@canada.ca