The International Depositary Authority of Canada (IDAC) is a patent depository 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.
Prior to October 1, 1996, biological deposits were not recognized by statute in Canada for patent purposes. Consequently, Canadian inventors seeking patent protection were forced to make deposits of biological material in other countries, mainly in the United States.
The IDAC accepts the following biological material for deposits relating to patent purposes:
The IDAC only accepts deposits that can be preserved by freezing or lyophilization without significant change to their properties. Deposits that cannot be preserved by these methods, or can be maintained only in active culture, may be accepted on an individual basis, with prior negotiation of associated fees and other considerations.
As required under the Budapest Treaty, the IDAC accept deposits of microorganisms, test their viability and issue a certificate of deposit. The IDAC maintains and disseminates such material, in compliance with the restrictions in the Budapest Treaty and Canadian patent legislation, for a period of 30 years.
Under the conditions of the Budapest Treaty, all depositors must be treated equally. Consequently, there can be no exemptions from, or reductions to, the fees for the deposit of microorganisms with the IDAC. The fee schedule (as of January 2012) is as follows;
|30 Years Storage||$800|
|30 Years Notification||$500|
|5 Additional Years of Storage (beyond original 30 years)||$125|
|Furnishing of Samples||$50 (+Shipping)|
|Communication of Scientific Description to 3rd Party||$50|
*Please contact the International Depository Authority of Canada for updated fee schedules prior to submitting samples
Shaun Tyler, Manager - International Depository Authority of Canada
1015 Arlington Street
Phone: (204) 789-6030
Fax: (204) 789-2018
Please note that all documents in this section are available in PDF format only. To inquire about receiving these documents in another format, please contact us. If you do not have PDF viewing software, you can download a free PDF viewer from the Adobe® Web site .
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.
Statement in the Case of a New Deposit:
To be filled in by depositor when a second deposit for a file is made (ie. to complete original deposit, to replace a non-viable deposit).
Communication of the Later Indication or an Amendment of the Scientific Description and/or Proposed Taxonomic Designation
To be filled in by the depositor when any changes to the scientific description or proposed taxonomic designation of an existing deposit are made.
Request for Sample from Industrial Property Offices:
To be filled in by IPO when requesting sample.
Request for Sample from Authorized Parties:
To be filled in by the party requesting sample.
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.
Request for Sample After Accession Number Publication:
To be filled in by requestor.