Budapest Treaty

Budapest Treaty on International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure is a special agreement of the Paris Convention. Administered by the World Intellectual Property Organization (WIPO), it was signed on April 28 1977 and came into force on August 9, 1980. The treaty pertains to patent disclosures in the realm of bio patents involving micro-organisms. In any invention, there is a compulsion for disclosure of the patent so that a person skilled in the art can work it. However in case of patents on or involving micro-organisms only such written disclosure does not enable a person skilled in the art to work the patent. In such cases, along with the written description a sample of microorganism is needed to be deposited.

The main feature of the Treaty is that a contracting State needs to recognize the deposit of a microorganism with any "international depositary authority" irrespective of whether such authority is in or outside the territory of the said State. Hence if patent protection is sought (for an application involving micro-organisms) in different countries, instead of depositing the microorganism in each country separately, only one deposit can serve the purpose. The objective of this treaty is to avoid the multiplication of deposition of micro-organism which would enable one deposit instead of several deposits in different places and thus save time and money.

The Budapest Treaty prescribes certain norms to establish an international depository authority and authorizes a specialized scientific institution in the country as a depository and storing centre for microorganism. The storage time is for a minimum period of 30 years. The centres are duty-bound to accept and store samples of microorganisms which are to be furnished at request by interested parties. The depositor himself has a right to the samples. Any other party may obtain a sample if an industrial property office to which the Treaty applies certifies that such a party has the right to a sample of the given microorganism. Each international depository authority is required to issue receipt of deposited microorganism and provide for the testing of the viability of the deposited microorganisms and the issuance of viability statements.