What is the role of the Budapest Treaty in biological material deposits for patents?

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 plays a significant role in the international recognition of biological material deposits for patent purposes. As stated in MPEP 2405:

“A deposit made in a depository which is not recognized as acceptable under 35 U.S.C. 1.803 may be acceptable for patent purposes if the depository becomes recognized as acceptable under 35 U.S.C. 1.803 or if a deposit is made in an acceptable foreign depository as acceptable under the Budapest Treaty.”

The Budapest Treaty:

• Establishes an international system for recognizing deposits of biological materials
• Allows a single deposit to satisfy the requirements of multiple countries
• Simplifies the patent application process for inventions involving biological materials
• Ensures consistent standards for depositories across member countries

By adhering to the Budapest Treaty, inventors can streamline their patent applications in multiple jurisdictions, reducing costs and complexity in the international patent process.