How does the Budapest Treaty relate to exemptions from replacement deposits?
The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure is an international agreement that standardizes the deposit of biological materials for patent purposes. The Manual of Patent Examining Procedure (MPEP) explicitly references this treaty in relation to exemptions from replacement deposits:
“See also Article 5 of the Budapest Treaty.”
Article 5 of the Budapest Treaty addresses the export and import restrictions for deposited materials. It allows for restrictions on the furnishing of samples of deposited microorganisms for reasons of national security or risks to health or the environment. This aligns with the conditions specified in MPEP 2407.05 for exemption from replacement deposits, demonstrating the harmony between U.S. patent procedure and international standards in this area.
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