Legal Definitions - Budapest Treaty

The Budapest Treaty is an international agreement that sets standards and procedures for depositing microorganisms. It requires member countries to recognize a deposit of biological material made in any depository approved by the World Intellectual PropertyOrganization.

The purpose of the treaty is to help inventors meet the enablement requirement of national patent laws. This is done by allowing them to deposit a sample of a microorganism to be patented in a convenient depository.

For example, if a scientist in the United States wants to patent a new strain of bacteria, they can deposit a sample of the bacteria in a depository approved by the World Intellectual Property Organization. This deposit will be recognized by other member countries, making it easier for the scientist to obtain patents in those countries.