What is the significance of the Budapest Treaty for biological deposits in patent applications?

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 on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure is significant for biological deposits in patent applications for several reasons:

• It establishes a uniform system for depositing biological materials for patent purposes.
• It allows a single deposit to satisfy the deposit requirements of all contracting states.
• It ensures the long-term storage and availability of deposited materials.

The MPEP 2406 references the Budapest Treaty, stating: “Deposits made in depositories recognized under the Budapest Treaty must be made under conditions which assure that: … (C) All restrictions on the availability to the public of the deposited material will be irrevocably removed upon the granting of the patent.” This treaty simplifies the process of making biological deposits for international patent applications.