How does the Budapest Treaty affect the term of deposit for biological materials?
The Budapest Treaty sets international standards for the deposit of biological materials for patent purposes. According to the MPEP, the term of deposit must satisfy the Budapest Treaty requirements, which are:
- At least 30 years from the date of deposit
- At least 5 years after the most recent request for a sample
The MPEP states: The term of deposit must satisfy the requirements of the Budapest Treaty which sets a term of at least 30 years from the date of deposit and at least 5 years after the most recent request for the furnishing of a sample of the deposit was received by the depository.
This ensures that deposits made under the Budapest Treaty comply with both international and U.S. requirements.
To learn more:
Topics:
MPEP 2400 - Biotechnology,
MPEP 2408 - Term Of Deposit,
Patent Law,
Patent Procedure