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Topic: Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure

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World Intellectual Property Organization

European Economic Community

	Budapest Treaty - Wikipedia, the free encyclopedia
		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.
		The treaty allows "deposits of microorganisms at an international depositary authority to be recognized for the purposes of patent procedure" [2].
		Usually, in order to meet the legal requirement of sufficiency of disclosure, patent applications and patents must disclose in their description the subject-matter of the invention in a manner sufficiently clear and complete to be carried out by the person skilled in the art (see also: reduction to practice).
	en.wikipedia.org /wiki/Budapest_Treaty (342 words)

	Patent deposit (Site not responding. Last check: 2007-11-02)
		Therefore, it was agreed that the deposit of the involved biological material in an officially recognised culture collection, known as an International Depositary Authority (IDA) was to be part of the patenting procedure.
		As such the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure was concluded in 1977 under the auspices of the World Intellectual Property Organisation (WIPO) and came into force in 1980.
		The main feature of the Treaty is that all countries party to it, and hence their patent offices, consider a deposit made in any one of these IDAs as being valid for the purposes of their patent procedure.
	www.eccosite.org /patent.html (624 words)

	Patent Rules (Site not responding. Last check: 2007-11-02)
		No transfer of a patent or an application to a new owner shall be recognized by the Commissioner unless a copy of the document effecting the transfer from the currently recognized owner to the new owner has been registered in the Patent Office in respect of that patent or application.
		Where an international application is filed with the Commissioner and the applicant or, where there is more than one applicant, at least one of the applicants is a national or resident of Canada, the Commissioner shall act as a receiving Office as defined in Article 2(xv) of the Patent Cooperation Treaty.
		An international application in which Canada is designated, or in which Canada is designated and elected, shall not be considered to be an application mentioned in paragraph 28.2(1)(c) of the Act or to be a co-pending application mentioned in paragraph 28.2(1)(d) of the Act unless it has become a PCT national phase application.
	laws.justice.gc.ca /en/p-4/SOR-96-423/159762.html (6022 words)

	BCCM - Code of Practice for IDAs
		To rectify such cases, the deposit of the biological material within an officially recognized culture collection was deemed necessary for the patenting procedure.
		This principle was endorsed in the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
		While the Budapest Treaty (BT) and its Regulations constitute a sound basis for delimiting the duties and responsibilities of culture collections with IDA status, it was stated from the beginning by representatives of the World Federation for Culture Collections (WFCC) that the BT did not always formulated explicit solutions for all circumstances.
	bccm.belspo.be /tbu/ida/intro.htm (607 words)

	TREATY/BUDAPEST/215: [Budapest Treaty] Communication by the Government of Japan Relating to the Acquisition of the ... (Site not responding. Last check: 2007-11-02)
		TREATY/BUDAPEST/215: [Budapest Treaty] Communication by the Government of Japan Relating to the Acquisition of the Status of International Depositary Authority by the National Institute of Technology and Evaluation, Patent Microorganisms Depositary (NPMD)
		Pursuant to Article 7(1)(b), the National Institute of Technology and Evaluation, Patent Microorganisms Depositary (NPMD) shall acquire the status of International Depositary Authority under the Budapest Treaty on April 1, 2004, that is, on the day indicated in the communication.
		Twenty-four thousand microorganisms and 15,000 DNA clones have been deposited with it and 11,000 cultures have been released.
	www.wipo.int /edocs/notdocs/en/budapest/treaty_budapest_215.html (434 words)

	[No title] (Site not responding. Last check: 2007-11-02)
		On Ukraine’s Accession to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure of April 28, 1977 and the Regulations under the Treaty of January 31, 1981
		According to this Treaty, the States - party to this Treaty (hereinafter called “the Contracting States”) - shall constitute a Union for the international recognition of the deposit of microorganisms for the purposes of patent procedure.
		The purpose of this Treaty is the acceptance, storage and release of microorganisms to international depositary authority.
	www.welcometo.kiev.ua /pls/ili/docs/a_law_eng/E474_96-VR.html (283 words)

	Portal - Patent (Site not responding. Last check: 2007-11-02)
		The International Bureau shall, on the request of the applicant or the receiving Office, record changes in the following indications appearing in the request or demand, a person, name, residence, nationality or address of the applicant, person, name or address of the agent, the common representative or the inventor.
		The States party to this Treaty (hereinafter called “the Contacting States”) constitute a Union for the international recognition of the deposit of microorganisms for the purposes of patent procedure.
		For the purposes of this Treaty and the Regulations: (i) references to a “patent” shall be construed as references to patents for inventions, inventors certificates, utility certificates, utility models, patents or certificates of addition, inventors certificates of addition, and utility certificates of addition;
	www.iprlawindia.org /category04/multipleDocKeywords?Subject=4&folder=category04 (563 words)

	M.P.E.P. Section 2409, Viability of Deposit (BitLaw)
		37 CFR 1.807 requires that the deposit of biological material that is capable of self-replication either directly or indirectly must be viable at the time of deposit and during the term of deposit.
		For the purpose of making a deposit under these rules, there is no requirement that evidence be provided that the deposited material is capable or has the ability to perform any function described in the patent application.
		For each deposit which is not made under the Budapest Treaty, a viability statement must be filed in the patent application and contain the information listed in paragraph (b) of this section.
	www.bitlaw.com /source/mpep/2409.html (530 words)

	[No title]
		(2) For the purpose of appointing, in respect of an application, a patent agent or an associate patent agent or of revoking the appointment of a patent agent or an associate patent agent, the Commissioner shall have regard to communications from any of the applicant, the patent agent and the associate patent agent.
		subsection 14(2), for the purpose of having their name entered on the register of patent agents, a person is eligible to sit for the qualifying examination for patent agents referred to in
		(2) Every patent agent who resides in Canada and who is appointed as the patent agent for an applicant in respect of an application may appoint as the associate patent agent in respect of the application a patent agent who resides in Canada.
	www.uatm.com.ua /laws-wrl.html?country=Canada&law=RULES_RESPECTING_THE_PATENT_ACT.html (3243 words)

	[No title]
		Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, April 28, 1977, 32 U.S.T. No. 9768; see also infra Part V (Argoudelis: Cornerstone for Global Protection).
		Under the procedures set forth in the MPEP, an “objection” is made against the applicant who fails to provide the redundant definition of the claimed invention in the body of the specification.
		A fundamental requirement of patent law is that the details of an invention must be fully disclosed to the public.
	www.jmls.edu /ripl/vol1/issue2/wegner-bottom.html (1991 words)

	M.P.E.P. Section 2402, The Deposit Rules (BitLaw)
		To facilitate the recognition of deposited biological material in patent applications throughout the world, the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure was established in 1977, and became operational in 1981.
		The deposit rules (37 CFR 1.801 - 1.809) set forth examining procedures and conditions of deposit which must be satisfied in the event a deposit is required.
		Applicants and patent owners are encouraged to comply with these rules even if their applications and reexamination proceedings were filed prior to January 1, 1990.
	www.bitlaw.com /source/mpep/2402.html (286 words)

	Budapest Treaty
		The States party to this Treaty (hereinafter called "the Contracting States") constitute a Union for the international recognition of the deposit of microorganisms for the purposes of patent procedure.
		Such recognition shall include the recognition of the fact and date of the deposit as indicated by the international depositary authority as well as the recognition of the fact that what is furnished as a sample of the deposited microorganism.
		The international depositary authority shall issue to the depositor, in respect of each deposit of microorganism effected with it or transferred to it, a receipt in attestation of the fact that it has received and accepted the microorganism.
	www.dsmz.de /patents/bptreaty.htm (8006 words)

	HPO - Legal Sources (Site not responding. Last check: 2007-11-02)
		(2) If the culture of a microorganism is deposited after the filing of the patent application, the date of deposit shall be regarded as the date of filing.
		(4) The deposited culture shall be made available by the depositary institution by furnishing samples to any person after the date of publication of the patent application and to any person having the right to inspect the files under the provisions of Article 53(1) prior to that date.
		A derived culture is deemed to be any culture of the microorganism which still has those characteristics of the deposited culture which are essential to carry out the invention.
	www.hpo.hu /English/jogforras/shlaw.html?e9533:63pC (133 words)

	Canadian Patent Rules
		For the purposes of subsection 73(2) of the Act, an application is deemed to be abandoned if the applicant does not reply in good faith to any requisition of the Commissioner referred to in section 25 or 94 within the time provided therein.
		For the purposes of subsection 73(2) of the Act, an application is deemed to be abandoned if the applicant does not reply in good faith to any requisition of the Commissioner referred to in section 25 within the time provided in that section.
		The patentee of Patent No., granted on for an invention entitled, requests that a new patent be issued, in accordance with the accompanying amended specification, for the unexpired term for which the original patent was granted and agrees to surrender the original patent effective on the issue of a new patent.
	www.jurisdiction.com /prules.htm (12400 words)

	ARS Culture Collection - NRRL
		During the late 1970s, several international agreements were reached which allow a single application to be recognized in a number of countries.
		The Patent Cooperation Treaty (PCT) became effective in 1970 and was amended in 1978 and 1979, and has been signed by all industrially important countries.
		The treaty allows an applicant to file a single application in a standard format through the applicant's national patent office and have the application recognized as a valid filing in as many PCT countries as selected.
	nrrl.ncaur.usda.gov /PatentCollection/TheBudapest_Treaty.html (149 words)

	METHODS OF POLYVALENT BACTERIOPHAGE PREPARATION FOR THE TREATMENT OF BACTERIAL INFECTIONS (WO03008564A2)
		On that date, the said microorganism was n3 viable no longer viable 1 Indicate the date of the original deposit or, where a new deposit or a transfer has been made, the most recent relevant date (date of the new deposit or date of the transfer).
		On that date, the said microorganism was L-.13 viable 113 no longer viable 1 Indicate the date of the original deposit or, where a new deposit or a transfer has been made, the most recent relevant date (date of the new deposit or date of the transfer).
		On that date, the said microorganism was f-l3 viable I-13 no longer viable 1 Indicate the date of the original deposit or, where a new deposit or a transfer has been made, the most recent relevant date (date of the new deposit or date of the transfer).
	www.delphion.com /details?pn=WO03008564A2&s_gdesc=1 (9210 words)

	GE Food Alert Campaign Center - Headlines
		The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on 28 April 1977, does not include a definition of the term micro-organism although it does define other, seemingly unambiguous terms such as 'patent procedure', 'intergovernmental industrial property organization' and 'industrial property office'.
		The key to what should be patentable as a micro-organism is not what name is given the biological material which the invention is based, but the subject claimed; is that a subject matter new, does it involve an inventible step,and is it capable of industrial application.
		A patent claiming an isolated, identified and modified gene taken from a human being certainly would not provide any property rights with regard to the source from which the original gene was obtained.
	www.gefoodalert.org /news/news.cfm?News_ID=2587 (2098 words)

	Patent Rules, [SOR/96-423]
		For the purposes of section 29 of the Act, an appointment of a representative in Canada shall be included in the petition in accordance with item 5 of Form 3 of Schedule I or in a separate document.
		(4) For the purposes of subsection (1), if the previously regularly filed application is an international application, the applicant may provide the Commissioner with the name of the receiving Office with which the application was filed instead of the country of filing.
		For the purposes of subsection 73(2) of the Act, an application is deemed to be abandoned if the applicant does not reply in good faith to any requisition of the Commissioner referred to in section 23, 25 or 94 within the time provided in that section.
	www.canlii.org /ca/regu/sor96-423/whole.html (10188 words)

	KATZAROV - Patent and Trademark Attorneys - Intellectual property, industrial property, designs, models, domain names
		Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since January 1, 1995.
		Uniform dispute resolution procedure: the dispute resolution procedure adopted under the ".lv" zone is considered to be the same as the UDRP adopted by ICANN (since July 1, 2000), with the exception of minor differences.
		However, since the administrative dispute resolution service for domain names is not yet established, all disputes regarding already assigned domain names are to be resolved in court or Arbitration Institution in Latvia directly between the current owner of the domain name and the contesting party without involvement of the Registry.
	www.katzarov.com /trt-latvia.htm (632 words)

	The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent ... (Site not responding. Last check: 2007-11-02)
		This treaty was designed to solve the problems resulting from the lack of uniformity in national requirements for microorganism deposits.
		To remedy this problem, the Treaty and its regulations provide for a series of international depository authorities (IDA), a depository institution located in a member country that has agreed to comply with certain requirements.
		The Treaty requires that all contracting parties recognize the deposit in a single IDA (Art.
	www.ipmall.fplc.edu /hosted_resources/arnold/2_09.htm (138 words)

	[No title] (Site not responding. Last check: 2007-11-02)
		Judicial Procedure Convention on the civil aspects of international child abduction.
		Budapest treaty on the international recognition of the deposit of microorganisms for the purposes of patent procedure, with regulations.
		Nice agreement concerning the international classification of goods and services for purposes of the registration of marks of June 15, 1957, as revised.
	dosfan.lib.uic.edu /erc/law/Treaty94/9404.html (723 words)

	[No title]
		On the other hand, if a deposit is not required to satisfy the requirements of 35 U.S.C., it is permissible to make reference to such a deposit even though it may not be in a depository or made under the conditions which are acceptable under these regulations.
		Generally, it is not the intention of the Office to recognize as suitable any organization where the need for a suitable depository for patent purposes is being met by depositories recognized as IDAs under the Budapest Treaty.
		The mere fact that a deposit has been made in one of these depositories does not mean that the terms of the deposit meet either the requirements of the Budapest Treaty or the deposit regulations.
	www.uspto.gov /web/offices/pac/mpep/documents/2400_2405.htm (1017 words)

	SICE - IP: National Legislation/Canada - Rules Re: Patent Act (1)
		"international depositary authority" means an international depositary authority within the meaning of Article 2(viii) of the Budapest Treaty; (autorité de dépôt internationale)
		"patent agent" means any person or firm whose name is entered on the register of patent agents pursuant to section 15; (agent de brevets)
		(4) The removal by the Commissioner of the name of a person from the register of patent agents constitutes a refusal to recognize that person as a patent agent for the purposes of section 16 of the Act.
	www.sice.oas.org /int_prop/nat_leg/canada/eng/uippeA.asp (3264 words)

	Chapter Seventeen - Intellectual Property Rights - United States - Australia Free Trade Agreement - Text of the ...
		For the purposes of this paragraph, any delays that occur in the issuance of a patent due to periods attributable to actions of the patent applicant or any opposing third person need not be included in the determination of such delay.
		In civil, criminal, and if applicable, administrative procedures, involving copyright, each Party shall provide for a presumption that, in the absence of evidence to the contrary, the person whose name is indicated in the usual manner is the right holder in the work, performance, or phonogram as designated.
		For the purposes of Articles 17.1.6, 17.1.7, 17.2.12(b), and 17.6.1, a national of a Party also means, in respect of the relevant right, an entity of that Party that would meet the criteria for eligibility for protection provided for in the agreements listed in Articles 17.1.2 and 17.1.4, and the TRIPS Agreement.
	www.dfat.gov.au /trade/negotiations/us_fta/final-text/chapter_17.html (8160 words)

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