What are the requirements for furnishing samples under the Budapest Treaty?

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.

Under the Budapest Treaty, depositories are required to furnish samples of deposited biological materials under certain conditions. According to MPEP 2410:

“For a depository to be recognized under the Budapest Treaty, it must be able to furnish samples of deposited biological material to authorized parties.”

The specific requirements include:

• Providing samples to industrial property offices for patent purposes
• Furnishing samples to depositors or those authorized by depositors
• Supplying samples to parties legally entitled to them under the treaty

These requirements ensure that the deposited biological material is accessible for patent examination and enforcement purposes while maintaining proper controls over distribution.