Regulations Under the Budapest Treaty on the International Recognition of the De

(Adopted on April 28, 1977 and amended on January 20, 1981 and October 1, 2002)
 

the Deposit of Microorganisms for the Purposes of Patent Procedure*

(Adopted on April 28, 1977 and amended on January 20, 1981 and October 1, 2002)

TABLE OF CONTENTS**

Rule 1: Abbreviated Expressions and Interpretation of the Word “Signature”

1.1 - “Treaty”
1.2 - “Article”
1.3 - “Signature”

Rule 2: International Depositary Authorities

2.1 - Legal Status
2.2 - Staff and Facilities
2.3 - Furnishing of Samples

Rule 3: Acquisition of the Status of International Depositary Authority

3.1 - Communication
3.2 - Processing of the Communication
3.3 - Extension of the List of Kinds of Microorganisms Accepted

Rule 4: Termination or Limitation of the Status of International Depositary Authority

4.1 - Request; Processing of Request
4.2 - Communication; Effective Date; Processing of Communication
4.3 - Consequences for Deposits

Rule 5: Defaults by the International Depositary Authority

5.1 - Discontinuance of Performance of Functions in Respect of Deposited Microorganisms
5.2 - Refusal To Accept Certain Kinds of Microorganisms

Rule 6: Making the Original Deposit or New Deposit

6.1 - Original Deposit
6.2 - New Deposit
6.3 - Requirements of the International Depositary Authority
6.4 - Acceptance Procedure

Rule 7: Receipt

7.1 - Issuance of Receipt
7.2 - Form; Languages; Signature
7.3 - Contents in the Case of the Original Deposit
7.4 - Contents in the Case of the New Deposit
7.5 - Receipt in the Case of Transfer
7.6 - Communication of the Scientific Description and/or Proposed Taxonomic Designation

Rule 8: Later Indication or Amendment of the Scientific Description and/or Proposed Taxonomic Designation

8.1 - Communication
8.2 - Attestation

Rule 9: Storage of Microorganisms

9.1 - Duration of the Storage
9.2 - Secrecy

Rule 10: Viability Test and Statement

10.1 - Obligation to Test
10.2 - Viability Statement

Rule 11: Furnishing of Samples

11.1 - Furnishing of Samples to Interested Industrial Property Offices
11.2 - Furnishing of Samples to or with the Authorization of the Depositor
11.3 - Furnishing of Samples to Parties Legally Entitled
11.4 - Common Rules
11.5 - Changes in Rules 11.1 and 11.3 when Applying to International Applications

Rule 12: Fees

12.1 - Kinds and Amounts
12.2 - Change in the Amounts

Rule 12bis: Computation of Time Limits

12bis.1 - Periods Expressed in Years
12bis.2 - Periods Expressed in Months
12bis.3 - Periods Expressed in Days

Rule 13: Publication by the International Bureau

13.1 - Form of Publication
13.2 - Contents

Rule 14: Expenses of Delegations

14.1 - Coverage of Expenses

Rule 15: Absence of Quorum in the Assembly

15.1 - Voting by Correspondence
 
 

 

Rule 1
Abbreviated Expressions and Interpretation of the Word “Signature”

 

1.1 “Treaty”

In these Regulations, the word “Treaty” means the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.1

1.2 “Article”

In these Regulations, the word “Article” refers to the specified Article of the Treaty.

1.3 “Signature”

In these Regulations, whenever the word “signature” is used, it shall be understood that, where the law of the State on the territory of which an international depositary authority is located requires the use of a seal instead of a signature, the said word shall mean “seal” for the purposes of that authority.

 

Rule 2
International Depositary Authorities

 

2.1 Legal Status

Any international depositary authority may be a government agency, including any public institution attached to a public administration other than the central government, or a private entity.

2.2 Staff and Facilities

The requirements referred to in Article 6(2)(ii) shall include in particular the following:

(i) the staff and facilities of any international depositary authority must enable the said authority to store the deposited microorganisms in a manner which ensures that they are kept viable and uncontaminated;

(ii) any international depositary authority must, for the storage of microorganisms, provide for sufficient safety measures to minimize the risk of losing microorganisms deposited with it.

2.3 Furnishing of Samples

The requirements referred to in Article 6(2)(viii) shall include in particular the requirement that any international depositary authority must furnish samples of deposited microorganisms in an expeditious and proper manner.