PCT NEWSLETTER

www.wipo.int/pct/en

October 2018 | No. 10/2018

 

Budapest Treaty

General information about the Budapest Treaty

The WIPO‑administered Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure plays an important role in the field of biotechnological inventions. Where an invention involves a microorganism or other biological material (hereinafter referred to as “microorganism”), or the use of it which is not available to the public, it may not be sufficient to provide only a written disclosure of it – it is also necessary, in numerous countries, to deposit a sample of the microorganism with a specialized institution.

The Budapest Treaty facilitates this process by eliminating the need to deposit such a sample in each country in which patent protection is sought. It provides that a deposit with any International Depositary Authority (IDA) would be sufficient for the purposes of patent procedures before national patent Offices of all Contracting States of the Treaty, as well as before any regional patent Office that recognizes the effects of the Treaty. In the case of PCT applications, information about the deposit would also need to be included in the application.

The Treaty therefore offers applicants an efficient, streamlined and cost-effective means of meeting the disclosure requirements associated with patenting inventions involving microorganisms.

More information about the Budapest Treaty is available at:

http://www.wipo.int/budapest

2017 Statistics on the Budapest Treaty

In 2017, the total number of deposits made since the year in which the Budapest Treaty became operational (1981) reached 107,889.  There are currently a total of 80 Contracting States of the Budapest Treaty and 47 IDAs.

Detailed statistics relating to deposits and samples furnished under the Budapest Treaty in 2017, which are based on replies received from 46 IDAs, are now available at the above‑mentioned website.

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