The status of names whose nomenclatural types are based on strains deposited solely for patent purposes

Int J Syst Evol Microbiol. 2019 Aug;69(8):2616-2620. doi: 10.1099/ijsem.0.003527. Epub 2019 Jun 19.

Abstract

The International Code of Nomenclature of Prokaryotes specifically forbids the use of strains deposited solely for patent purposes from serving as nomenclatural types. Despite this ruling there are a number of names at the rank of species where strains deposited solely for patent purposes have been designated as the nomenclatural type. In some cases there is only a single deposit where the strain is deposited solely for patent purposes or there are two or more deposits in culture collections, one (or more) of which is a strain deposited solely for patent purposes. In such instances the requirements of Rule 30 may not be fulfilled and the valid publication of the corresponding names called into question because nomenclatural types have not been deposited in at least two publicly accessible culture collections in different countries.

Keywords: nomenclatural types; patent strains; valid publication.

MeSH terms

  • Patents as Topic*
  • Phylogeny
  • Publishing
  • Terminology as Topic*