Budapest Treaty
Share
The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, commonly referred to as the Budapest Treaty, is an international treaty in the field of intellectual property. It was adopted in Budapest, Hungary, in 1977 and entered into force in 1980. The treaty is administered by the World Intellectual Property Organisation.
The main purpose of the Budapest Treaty is to facilitate the deposit of microorganisms for patent purposes. It provides a streamlined and internationally recognised system for the deposit of biological materials, particularly microorganisms, which are used in inventions and patent applications. Here are key aspects of the Budapest Treaty:
Deposit of microorganisms: The treaty allows patent applicants to deposit microorganisms with an international depositary authority (IDA), which is typically a recognised culture collection or patent office. The deposited microorganism serves as evidence of the existence and availability of the biological material related to the invention.
Disclosure of deposited microorganisms: The Budapest Treaty requires the IDA to issue a receipt of deposit, known as a depositary receipt, to the patent applicant. This receipt contains information about the deposited microorganism, including its identification and viability.
Availability of microorganisms: The treaty ensures that deposited microorganisms are made available to patent offices and interested parties for examination and further research. This promotes transparency, reproducibility, and the evaluation of patent applications.
International recognition: The Budapest Treaty establishes an international system for the recognition of the deposit of microorganisms. This means that a deposit made with one IDA is recognised by other member countries of the treaty, eliminating the need for repeated deposits in different jurisdictions.
The Budapest Treaty simplifies the process of accessing and utilising microorganisms in patent procedures. It helps ensure that biological resources necessary for research and development are readily available, encourages innovation, and facilitates the sharing of scientific knowledge.
It is important to note that the Budapest Treaty focuses specifically on the deposit of microorganisms and does not address other aspects of patentability or the patent application process. It provides a specialised framework to support the protection and utilisation of biological materials in the context of patents.
The main purpose of the Budapest Treaty is to facilitate the deposit of microorganisms for patent purposes. It provides a streamlined and internationally recognised system for the deposit of biological materials, particularly microorganisms, which are used in inventions and patent applications. Here are key aspects of the Budapest Treaty:
Deposit of microorganisms: The treaty allows patent applicants to deposit microorganisms with an international depositary authority (IDA), which is typically a recognised culture collection or patent office. The deposited microorganism serves as evidence of the existence and availability of the biological material related to the invention.
Disclosure of deposited microorganisms: The Budapest Treaty requires the IDA to issue a receipt of deposit, known as a depositary receipt, to the patent applicant. This receipt contains information about the deposited microorganism, including its identification and viability.
Availability of microorganisms: The treaty ensures that deposited microorganisms are made available to patent offices and interested parties for examination and further research. This promotes transparency, reproducibility, and the evaluation of patent applications.
International recognition: The Budapest Treaty establishes an international system for the recognition of the deposit of microorganisms. This means that a deposit made with one IDA is recognised by other member countries of the treaty, eliminating the need for repeated deposits in different jurisdictions.
The Budapest Treaty simplifies the process of accessing and utilising microorganisms in patent procedures. It helps ensure that biological resources necessary for research and development are readily available, encourages innovation, and facilitates the sharing of scientific knowledge.
It is important to note that the Budapest Treaty focuses specifically on the deposit of microorganisms and does not address other aspects of patentability or the patent application process. It provides a specialised framework to support the protection and utilisation of biological materials in the context of patents.
