What is the Budapest Treaty?

The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure is an international treaty that provides a uniform and simplified procedure for the deposit and recognition of microorganisms for the purposes of patent procedure. The treaty was adopted on April 28, 1977, and entered into force on August 19, 1980.

As of 2023, there are 83 contracting states to the Budapest Treaty. The treaty is administered by the World Intellectual Property Organization (WIPO).

The Budapest Treaty establishes a system of international depositary authorities (IDAs) that are recognized by all contracting states. These IDAs are responsible for receiving, storing, and distributing microorganisms that have been deposited for the purposes of patent procedure.

The treaty also establishes a standard set of requirements for the deposit of microorganisms, including:

* The microorganism must be viable.

* The microorganism must be deposited in a recognized IDA.

* The deposit must be made before the filing of a patent application.

* The deposit must be accompanied by a declaration of the name and address of the depositor, the date of the deposit, and the designation of the microorganism.

The Budapest Treaty has simplified and streamlined the process of depositing and recognizing microorganisms for the purposes of patent procedure. This has made it easier for inventors to obtain patent protection for inventions that involve microorganisms.