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.

Deposit Must Be Kept for At Least Thirty Years and Five Years After Sample Request MPEP 2408 Required
Deposit Must Meet Budapest Treaty Requirements MPEP 2408 Required
Deposit Term Covers Patent Plus Limitations MPEP 2408 Informative
Deposit Term Must Be Indicated MPEP 2408 Required
Samples Must Be Available Beyond Patent Life MPEP 2408 Required