How does the Budapest Treaty affect the viability requirement for biological deposits?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The Budapest Treaty simplifies the viability requirement process for biological deposits in patent applications. According to MPEP 2409:

“Under the Budapest Treaty, there is a requirement that the deposit be tested for viability before it is accepted. Thus, a mere statement by an applicant, an authorized representative of applicant or the assignee that the deposit has been accepted under the Budapest Treaty would satisfy 37 CFR 1.807.”

This means that for deposits made under the Budapest Treaty, a simple statement of acceptance is sufficient to meet the viability requirement. This is because the treaty ensures that the deposit has already been tested for viability before acceptance, streamlining the process for patent applicants.