In 1977, the Budapest Treaty on International Recognition of the Deposits of the Microorganisms was concluded for Patent Procedure. The Treaty involves the states or the states contracting the deposition of the microorganism for the patent procedure. The Treaty recognizes microorganisms with the International Depository Authority of any state. Budapest Treaty is recognized under Sec. 2(aba) of the Patents Act 1970.
For granting the patent, the main requirement as per the Budapest Treaty is the disclosure of the microorganism. The reason is that giving a written statement for microorganisms is difficult.
The main objective of the Treaty is to provide international patent identification so that the applicant does not have to file different applications in every country. The Treaty prescribes that the microorganism identified by the International Depository Institution shall be enough for the identification under the National patent offices and if regional offices allow the effect of the Treaty. Examples of such declarations for the identification of the effect of a treaty by regional offices are:
The establishment of an International Depository Institution is done following the customs, statutes, and guidelines of the depositor drafted in the Treaty. The member country in which an International Depository Institution is established has to assure the Director General of WIPO that the institution complies with the requirements of the Treaty. An International Depository Institution will allow deposits of microorganisms both from within the country where it is located and from other countries.
Another feature of the Budapest Treaty has eliminated the obligation to deposit the microorganism in every country where the inventor is requesting patent protection. Depositing the microorganism in any International Depository Institution is enough for the patent method to all the national patent offices of the countries member to the Treaty. Therefore, the investor appreciates the privilege of making the deposit only once. This trait also makes the member countries engage with investors aiming to explore patent protection in various countries. The inventor will save time and money following this procedure.
Section 10(4)(d)(ii) sets certain requirements to be fulfilled. The applicant represents a biological element in the description that does not complement clauses (a) and (b), and if such element is unavailable to the public. The application should be completed in this condition by placing the element to an International Depository Institution as per the Budapest Treaty. The first requirement is that the applicant deposits the microorganisms before the date of application in India. As per Rule 13(8) of the Patent Rules, it should deposit within three months of the patent application. Further, all the crucial characteristics for the correct identification are the name, address of the depository institution, and date and number of the deposit.
The applicant also has to provide the terrestrial source of the biological element mentioned in the blueprint. If you are from India, the applicant must submit for approval from the National Biodiversity Authority of India.