Budapest Treaty
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure | |
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Signed | 28 April 1977 |
Location | WIPO[3] |
Language | English, French[4] |
The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, or Budapest Treaty, is an international treaty signed in Budapest, Hungary, on April 28, 1977. It entered into force on August 19, 1980,[5] and was later amended on September 26, 1980. The treaty is administered by the World Intellectual Property Organization (WIPO).
Membership
As of December 2023, 89 countries are party to the Budapest Treaty.
Content
The treaty allows "deposits of
International depositary authority
The deposits are made at an international depositary authority (IDA) in accordance with the rules of the Treaty on or before the filing date of the complete patent application. Article 7 of the Budapest treaty outlines the requirements for a facility to become an International Depositary Authority. As of July 23, 2018, there were 47 IDAs in approximately 25 countries worldwide.[7]
Depositable subject matter
IDA's have accepted deposits for biological materials which do not fall within a literal interpretation of "microorganism". The Treaty does not define what is meant by "microorganism."
The range of materials able to be deposited under the Budapest Treaty includes:
- cells, for example, plant spores;
- genetic vectors (such as plasmids or bacteriophage vectors or viruses) containing a gene or DNA fragments;
- organisms used for expression of a gene (making the protein from the DNA).
There are many types of expression systems: bacterial; yeast; viral; plant or animal cell cultures;
- hybridomas, viruses, plant tissue cells, spores, and hosts containing materials such as vectors, cell organelles, plasmids, DNA, RNA, genes and chromosomes;
- purified nucleic acids; or
- deposits of materials not readily classifiable as microorganisms, such as "naked" DNA, RNA, or plasmids
See also
- List of parties to the Budapest Treaty
- American Type Culture Collection(ATCC)
- Centraalbureau voor Schimmelcultures(CBS)
- Gottfried Wilhelm Leibniz Scientific Community(DSMZ)
- European Collection of Authenticated Cell Cultures (ECACC)
- National Collection of Yeast Cultures (NCYC)
- World Federation for Culture Collections (WFCC)
- National Collection of Type Cultures (NCTC)
- National Collection of Industrial Food and Marine Bacteria (NCIMB)
References
- ^ Article 16(1) Budapest Treaty: "This Treaty shall enter into force, with respect to the first five States which have deposited their instruments of ratification or accession, three months after the date on which the fifth instrument of ratification or accession has been deposited."
- ^ a b WIPO web site, WIPO-Administered Treaties, Contracting Parties > Budapest Treaty (Total Contracting Parties: 89) . Consulted on 21 December 2023.
- ^ Article 19(1) Budapest Treaty: "The original of this Treaty, when no longer open for signature, shall be deposited with the Director General."
- ^ Article 18(1)(a) Budapest Treaty: "This Treaty shall be signed in a single original in the English and French languages, both texts being equally authentic."
- ^ "BUDAPEST TREATY ON THE INTERNATIONAL RECOGNITION OF THE DEPOSIT OF MICROORGANISMS FOR THE PURPOSES OF PATENT PROCEDURE Note by the Secretariat (WO/INF/12 REV. 27)" (PDF). WIPO. 31 August 2020. Archived (PDF) from the original on 6 June 2012. Retrieved 18 February 2021.
- ^ WIPO web site, Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, Article 9 Intergovernmental Industrial Property Organizations Archived 16 November 2005 at the Wayback Machine
- ^ a b WIPO web site, Summary of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (1977), retrieved on October 21, 2008
External links
- Budapest Treaty (in English) in the WIPO.
- The Budapest Treaty and Australian Patents (IP Australia)
- A Short Guide to International IPR Treaties (US government)