104. (1) The deposit of the biological material shall be made by the applicant with an international depositary authority on or before the filing date of the application.
(2) The applicant shall inform the Commissioner of the name of the international depositary authority and the accession number given by the international depositary authority to the deposit, before the application is open to public inspection under section 10 of the Act.
(3) The information required by subsection (2) must be included in the description.
(4) Before the application is open to public inspection under section 10 of the Act, the applicant may file a notice with the Commissioner stating the applicant’s wish that, until either a patent has been issued on the basis of the application or the application is refused, or is abandoned and no longer subject to reinstatement, or is withdrawn, the Commissioner only authorize the furnishing of a sample of the deposited biological material to an independent expert nominated by the Commissioner in accordance with section 109.
(5) Section 26 does not apply to the times set out in this section.
- SOR/99-291, s. 11.
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