PATENTALK:          Dr. Swaranjit Singh Cameotra Deputy Director in Institute of Microbial Technology, Chandigarh

On deposition of micro organisms under Budapest Treaty               

Please tell us something about Budapest treaty. What is purpose of this treaty? 

The Budapest Treaty on the international recognition of the deposit of microorganisms for the purpose of patent procedure. It is recognizes “International Depositary Authorities (IDA) for microorganism, sets out the minimum standards for such collecting authorities, and also sets out the guidelines for the deposit of microorganisms. It started on August 9, 1980. The treaty was amended on September 26, 1980. Budapest treaty is administered by the World Intellectual Property Organization (WIPO). The purpose of this treaty is to deposit the microorganism in order to satisfy the terms required for the patenting the modified microbes/processes/products. Deposit of the biological material is needed only at one recognized institution, and this deposit is acceptable and recognized in all the countries that follow the Budapest Treaty.

As micro organisms are living organisms, are they patentable in India? 

The answer is no, in their native or original form. However, if the microbe is genetically modified it is ready to be accepted as a Patent deposit, it may be patentable. Even though one has to patent a microbial process or a product, the respective microbe has to be deposited in a Patent depository. 

What is the procedure of deposition of micro organism?

The procedure for the deposition of cultures can be made in four categories;

1. General Deposits: There is no fee for deposit of cultures in the general category. The details of the culture need to fill in a culture data sheet.

2. Safe Deposits: These cultures are handled with confidentiality and are kept under security. Only the depositor has access to these cultures. There is an annual fee for such a deposit. An agreement needs to be signed between the depositor and the Collection.

3. Patent Deposits: These cultures are not listed in the catalogue / database. Since a depositor needs to declare accession number in the patent application, the information about the culture is also in public domain. These cultures are handled with confidentiality and kept under security and are given to the depositors or authorized persons as per patent regulations. There is one time fee for such a deposit.

4. The Patent Deposits under the Budapest Treaty (IDA): One can deposit cultures under the Budapest Treaty (IDA) for filing international patents or for filing patents in India. 

Is the applicant required to deposit samples in hand or there are other modes of delivery? 

After getting the go ahead signal from the Collection, the samples can be deposited by hand or through Registered Post/Courier.

How much time does it take to get accession number after microbial sample is submitted?

About 4-6 weeks.

What are the security requirements of a Patent depository?

 As the strains are of very high value, care must be taken that the strains are not misused. Only authorized people can enter the Patent depository by punch cards/thumb impressions. The location is under strict electronic surveillance with CCTV etc.