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{{for|the pact regarding Ukrainian sovereignty and nuclear non-proliferation|Budapest Memorandum on Security Assurances}}

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 9, 1980, and was later amended on September 26, 1980. The treaty is administered by the [[World Intellectual Property Organization]] (WIPO).

As of July 2016, 80 countries are party to the Budapest Treaty.<ref name="Contracting Parties">WIPO web site, [http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=7 ''Contracting Parties > Budapest Treaty (Total Contracting Parties : 80)'']. Consulted on 6 July 2016.</ref> The accession to the Treaty is open to States party to the [[Paris Convention for the Protection of Industrial Property]] of 1883. The [[African Regional Industrial Property Organization]] (ARIPO), the [[Eurasian Patent Organization]] (EAPO) and the [[European Patent Organisation]] (EPO) have filed a declaration of acceptance under Article 9(1)(a)<ref>WIPO web site, Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, [http://www.wipo.int/treaties/en/registration/budapest/trtdocs_wo002.html#P120_14461 Article 9 Intergovernmental Industrial Property Organizations]</ref> of the Treaty.

The treaty allows "deposits of [[microorganism]]s at an international depositary authority to be recognized for the purposes of [[patent]] procedure".<ref name="summary">WIPO web site, [http://www.wipo.int/treaties/en/registration/budapest/summary_budapest.html 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</ref> Usually, in order to meet the [[law|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]]). When an [[invention]] involves a microorganism, completely describing said invention in the description to enable third parties to carry it out is usually impossible. This is why, in the particular case of inventions involving microorganisms, a deposit of [[biology|biological]] material must be made in a recognised institution. The Budapest Treaty ensures that an applicant, i.e. a person who applies for a patent, needs not to deposit the biological material in all countries where he/she wants to obtain a patent. The applicant needs only to deposit the biological material at one recognised institution, and this deposit will be recognised in all countries party to the Budapest Treaty.

==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 January 16, 2017, there were 46 IDAs in approximately 25 countries worldwide.<ref name="summary"/>

==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, [[bacteria]], [[fungi]], eucaryotic cell lines, [[plant spore]]s;
*genetic vectors (such as [[plasmid]]s 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;
*[[yeast]], [[algae]], [[protozoa]], eucaryotic cells, cell lines, [[hybridomas]], viruses, plant tissue cells, spores, and hosts containing materials such as vectors, cell [[organelle]]s, 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)
* [[National Collection of Yeast Cultures]] (NCYC)
* [[World Federation for Culture Collections]] (WFCC)
* [[National Collection of Type Cultures]] (NCTC)

== References ==
{{Reflist|30em}}

==External links==
* [http://www.wipo.int/treaties/en/registration/budapest/index.html Budapest Treaty] {{ref-en}} in the [[WIPO Lex]] database — official website of [[WIPO]].
** The full text of the [http://www.wipo.int/wipolex/en/treaties/text.jsp?file_id=283784 Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (as amended on September 26, 1980)]
** [http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=7 Contracting States]
* [https://web.archive.org/web/20060917185849/http://www.ipaustralia.gov.au/pdfs/patents/specific/budapest.pdf#search=%22budapest%20treaty%22 The Budapest Treaty and Australian Patents] ([[IP Australia]])
* [https://web.archive.org/web/20060919072106/http://usinfo.state.gov/products/pubs/intelprp/guide.htm A Short Guide to International IPR Treaties] (US government)

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