How does the Budapest Treaty relate to the conditions of biological material deposit?
The MPEP 2410.01 mentions the Budapest Treaty in relation to the conditions of biological material deposit. While the exception allowed under 37 CFR 1.808(b) is consistent with the Budapest Treaty and its implementing regulations (Rule 11.4), there are some differences:
- The Budapest Treaty allows for other conditions on accessibility as prescribed by national law.
- Merely indicating that a deposit has been made and accepted under Budapest Treaty conditions would not fully satisfy U.S. regulations.
The MPEP states: Although this exception is consistent with the provisions in the Budapest Treaty and its implementing regulations (Rule 11.4), other conditions on accessibility are permitted under the Budapest Treaty as prescribed by national law. Consequently, the mere indication that a deposit has been made and accepted under conditions prescribed by the Budapest Treaty would satisfy all conditions of these regulations except the requirement that all restrictions on access be removed on grant of the patent.
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