Legal Definitions - Budapest Treaty

The Budapest Treaty, officially known as the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purpose of Patent Procedures, is an international agreement designed to simplify the patenting process for inventions that involve microorganisms or other biological material.

Before this treaty, if an inventor wanted to patent an invention involving a new microorganism (like a unique bacterium, virus, or fungus) in multiple countries, they might have had to deposit a sample of that microorganism in each country where they sought patent protection. This was a complex, costly, and often redundant process.

The Budapest Treaty streamlines this by requiring all member countries to recognize a single deposit of biological material made in any approved international depository institution. This single deposit satisfies the "enablement requirement" of patent law, which means the inventor must describe their invention in enough detail that others can understand and reproduce it. For biological inventions, a physical deposit is often crucial to meet this standard.

Here are some examples illustrating the application of the Budapest Treaty:

• Developing a New Pharmaceutical Drug:

  Imagine a biotechnology company in Switzerland discovers a novel strain of bacteria that produces a powerful new antibiotic. They want to patent this discovery not only in Switzerland but also in major markets like the United States, Japan, and several European Union countries. Instead of having to deposit samples of their unique bacterial strain in separate facilities in each of these countries, the company can make a single deposit at an international depository approved under the Budapest Treaty (e.g., in Germany or the UK). All signatory countries, including the US, Japan, and EU members, will then recognize this single deposit for the purpose of their respective patent applications, significantly simplifying the global patenting process for the new antibiotic.

• Creating a Bio-Pesticide for Agriculture:

  A university research team in Brazil develops a genetically modified fungus that acts as a highly effective and environmentally friendly pesticide for specific crop diseases. They aim to license this technology to agricultural companies worldwide. To secure patent protection in key agricultural nations like Canada, Australia, and India, the researchers deposit a sample of their engineered fungus with a WIPO-approved international depository. Because these countries are signatories to the Budapest Treaty, they will accept this single deposit as sufficient proof of the fungus's existence and accessibility for all their national patent applications, avoiding the need for multiple, country-specific deposits.

• Innovating in Industrial Waste Treatment:

  A startup company in South Korea isolates a unique consortium of bacteria from a contaminated industrial site, capable of efficiently breaking down hazardous chemical waste. They believe their bacterial solution could revolutionize waste management globally and seek patent protection in countries with significant industrial sectors, such as China, Germany, and Mexico. By depositing their bacterial consortium at an international depository under the Budapest Treaty, the startup ensures that this single deposit will be recognized by the patent offices in all these signatory countries. This allows them to pursue their international patent strategy without the logistical and financial burden of making separate biological deposits in each target country.