How does the Budapest Treaty affect biological material deposits for patents?
How does the Budapest Treaty affect biological material deposits for patents?
The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure significantly impacts biological material deposits for patents. According to MPEP 2410.01:
“Deposits made in depositories recognized under the Budapest Treaty require only that the depository be notified of the depositor’s intent that the deposit be for patent purposes and that all restrictions on access be irrevocably removed upon publication.”
This means that deposits made under the Budapest Treaty have simplified requirements compared to non-Budapest Treaty deposits. The Treaty standardizes the deposit process internationally, making it easier for applicants to meet deposit requirements across multiple countries.
For deposits not made under the Budapest Treaty, additional requirements apply, including:
- A contract between the depositor and the depository ensuring unrestricted permanent availability
- Specific viability statement requirements
- Assurance that all restrictions on access will be irrevocably removed upon granting of the patent
By choosing a Budapest Treaty depository, applicants can streamline the deposit process and potentially reduce administrative burdens associated with patent applications involving biological materials.
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