Verdrag van Boedapest inzake de internationale erkenning van het depot van micro-organismen ten dienste van de octrooiverlening

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Uitbreiding

Verenigd Koninkrijk

Colombia

26-04-2016

The Republic of Colombia declares, having regard to Article 3(1)(a) and Article 5 of the Budapest Treaty, that access to biological material whose deposit is regulated by this Treaty, that the removal of such material from the national territory, and that recognition of the respective patent shall be in accordance with the protection provided for by the Colombian Constitution, in particular at Articles 8, 58(2) and 330 thereof.
NOTING that the articles referred to in the above declaration: enshrine the duty of the Colombian State and of individuals to protect the cultural and natural heritage of the State (Art.8); establish property as a social utility and the ecological function inherent therein (Art.58); stipulate that the State is duty-bound to regulate the entry and exit of genetic resources and their use (Art.81); and enshrine the protection and regulation of indigenous territories, stipulating that the exploitation of natural resources in these territories shall not impair the cultural, social and economic integrity of indigenous communities (Art. 330);
NOTING that the above declaration does not affect the obligations and requirements of the instrument as regards the recognition and effects of the deposit of microorganisms with an international authority, and that the constitutional provisions to which the statement refers constitute duties of the Colombian State as sovereign and as protector of national heritage, which are not incompatible with the provisions of the Budapest Treaty;
CONSIDERING that Colombia already recognizes the deposit of a microorganism with an international depositary authority, in accordance with Decision No.486 of the Commission of the Andean Community, and with Resolution No.856 issued in 2014 by the Superintendency of Industry and Commerce of Colombia (Superintendencia de Industria y Comercio de Colombia);
DECLARES that the aforementioned interpretative declaration does not entail obligations, limitations or additional requirements that may affect matters covered in the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure and its Regulations.

Nieuw-Zeeland

17-12-2018

Consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this accession shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory.

OAPI (Afrikaanse Organisatie voor Intellectuele Eigendom)

15-12-2022

OAPI declares that pursuant to Article 9(1)(a) of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, and amended on September 26, 1980 (Budapest Treaty), it accepts the obligation of recognition provided for in Article 3(1)(a) of the Budapest Treaty, the obligation concerning the requirements referred to in Article 3(2) of the said Treaty and all the effects of the provisions of the said Treaty and its Regulations applicable to intergovernmental industrial property organizations.

Verenigd Koninkrijk

28-07-2025

The Director General of the World Intellectual Property Organization (WIPO) [...] has the honor to notify the receipt, on July 28, 2025, of a communication dated July 28, 2025, from the Government of the United Kingdom of Great Britain and Northern Ireland regarding changes in the schedule of fees charged by the National Collections of Industrial, Food and Marine Bacteria (NCIMB), an international depositary authority (IDA) under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest Treaty) [...].
In accordance with Rule 12.2(c) of the Regulations under the Budapest Treaty, the new fees set forth in the communication shall take effect on September 1, 2025.
The new schedule of fees is as follows:
Schedule of Fees GBP
1. Storage
1.1. Storage according to the Budapest Treaty (comprising of the initial viability check, the preservation and storage of biological material):
- Orthodox seeds, bacteria, fungi, plasmids, bacteriophages (plus the host as a separate deposit) 1’164
- Plant cell cultures 1’835
1.2. Storage according to the Budapest Treaty (comprising of the initial viability check of biological material preserved by the depositor and the storage of biological material) or conversion of a deposit made outside of the Budapest Treaty into a deposit according to the Budapest Treaty:
- Bacteria, fungi, plasmids, bacteriophages (plus the host as a separate deposit) 907
- Plant cell cultures 1’227
2. Viability
Issuance of a viability statement according to Rule 10.2 of the Budapest Treaty:
2.1. Where viability test is requested 1560
2.2. On the basis of most recent viability test 62
3. Furnishing of a sample
3.1. To the depositor according to Rule 11.2 (i) of the Regulations under the Budapest Treaty 121
3.2. To a third party according to Rule 11.2 (ii) and 11.3 of the Regulations under the Budapest Treaty 187
4. Communication of information under Rule 7.6 of the Regulations under the Budapest Treaty 183
5. Attestation referred to in Rule 8.2 of the Regulations under the Budapest Treaty 183
6. Additional Charges
6.1 Custom inspection fees at current rate
6.2 Additional or replacement BP/4 or BP/9 156
6.3 Phytosanitary certificates (for furnishing of seeds) 135
6.4 Extending the duration of storage over the one provided by Rule 9 of the Budapest Treaty 52 per year
Fees are payable to NCIMB Ltd. and do not include, where applicable, VAT, handling charges, customs inspection fees (if applicable) or postage and packing.
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30-10-2025

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Communication by the Government of the United Kingdom of Great Britain and Northern Ireland Regarding Changes in the Requirements of and in the Schedule of Fees Charged by the CABI Bioscience, UK Centre (IMI)
The Director General of the World Intellectual Property Organization (WIPO) [...] has the honor to notify the receipt, on October 30, 2025, of a communication dated October 29, 2025, from the Government of the United Kingdom of Great Britain and Northern Ireland regarding changes in the requirements of and in the schedule of fees charged by the CABI Bioscience, UK Centre (IMI), an international depositary authority (IDA) under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest Treaty), done at Budapest on April 28, 1977, and amended on September 26, 1980 (see Budapest Notification No. 30 of February 16, 1983).
In accordance with Rule 12.2(c) of the Regulations under the Budapest Treaty, the new fees set forth in the communication except the fee regarding the issuance of a viability statement on the basis of the most recent viability test shall take effect on December 18, 2025, that is, on the thirtieth day following the publication of the changes by the International Bureau of WIPO.
The changes in the requirements highlighted in bold and the new schedule of fees are as follows:
1. Requirements for Deposit
a) Kinds of Microorganisms that May Be Deposited
Nematodes, fungal isolates (including yeasts) and bacteria (including actinomycetes), other than known human and animal pathogens that can be preserved without significant change to their properties by methods of preservation in use.
Organisms up to and including ACDP Category 2 deposits are accepted by the Collection. Genetically modified microorganisms are accepted on a case-by-case basis only.
Notwithstanding the foregoing, IMI reserves the right to refuse to accept any material for deposit which in the opinion of the Curator presents an unacceptable risk or is technically unsuitable to handle. IMI will accept organisms which do not significantly change after long-term nitrogen freezing or freeze-drying. A statement regarding potential pathogenicity and storage conditions is required when a deposit is made.
b) Technical Requirements and Procedures
i) Form and Quantity
The IMI prefers fungi, yeast and bacteria to be submitted as healthy, clean, sporing (in the case of fungi) cultures on agar slants suitable for preparing suspensions for freeze-drying and liquid nitrogen storage. The minimum number of replicates to be supplied by the depositor when making their deposit should be six. Lyophilized or cryopreserved stocks are also accepted, in such cases only two vials are required.
ii) Time Required for Viability Testing
The average length of time required for testing the viability of strains accepted by the IMI of yeast and bacteria is 4 days, filamentous fungi 14 days, but depositors should be aware that in some cases viability testing may take longer.
iii) Depositor Checks and Renewal of Stocks
Depending on the number and conditions of the cultures sent for deposit, the IMI either prepares frozen and lyophilized batches direct from the depositor's material or from subcultures derived from it. New batches are prepared as necessary for the renewal of diminishing stocks. The depositor is required to test for authenticity of samples from all batches of their microorganism prepared by the IMI.
c) Administrative Requirements and Procedure
i) General
Language. The official language of the IMI is English. Communications in any other language are not accepted.
Contract. The IMI Patent application form which the depositor is required to complete, constitutes a contract by which they are bound:
- to provide all necessary information requested by the IMI;
- to replace the microorganism at their expense if the IMI is no longer able to furnish samples of it;
- to pay all necessary fees;
- to indemnify the IMI against any claims which may be brought against it as a consequence of the release of samples, unless such claims result from negligence on the part of the IMI;
- not to withdraw their deposit during the required storage period;
- to authorize the IMI to furnish samples according to the appropriate patent requirements.
Import and/or Quarantine Regulations. Plant pathogenic fungi not indigenous to the United Kingdom are subject to import regulations. The IMI holds a permit for the import of such organisms and will advise the depositor of any necessary procedures.
ii) Making the Original Deposit
Requirements to Be Met by the Depositor. As well as the IMI Patent application form referred to in (i), above, depositors are required to complete BP/1 which is the deposition from used for making the Original deposit under the regulations of the Budapest Treaty deposits. In the event of a later indication or amendment of the scientific description and/or proposed taxonomic designation the depositor must complete BP/7, in such cases the depositor is sent BP/8.
Official Notifications to the Depositor. The receipt is issued on the mandatory "international form" BP/4. The viability statement is issued on the mandatory "international form" BP/9. A standard IMI form is used for notifying the depositor of refusal to accept a microorganism for deposit.
Unofficial Notifications to the Depositor. The IMI acknowledges delivery of cultures, but this does not constitute acceptance. The IMI does not communicate accession numbers to the microorganism until it has been shown to be viable and accepted. After a positive result of the viability test has been obtained, the IMI will, if requested, email this information along with the accession number before the issue of the official documentation.
Supply of Information to a Patent Agent. The IMI does not routinely ask the depositor for the name and address of their patent agent. However, if requested, the IMI will supply copies of the receipt and viability statement to both the depositor and their patent agent.
iii) Converting a Previous Deposit
The IMI permits the conversion of deposits not originally made for patent purposes to Budapest Treaty deposits. Deposits previously made for patent purposes outside the provisions of the Treaty may be converted provided that the depositor supplies the IMI with a new sample of the deposited microorganism or authorizes existing stocks to be used for the generation of new batches and checks the authenticity of all batches prepared from it. The administrative requirements for conversion are similar to those to be met in respect of an original deposit made under the Treaty. All conversions are subject to the storage fee normally levied for Budapest Treaty deposits, regardless of whether any fees had been paid previously in respect of those deposits.
iv) Making a New Deposit
The depositor is required to complete BP/2 for patents already held by IMI and to send with it copies of the relevant documents required by Rule 6.2. The receipt and viability statement for a new deposit are issued on mandatory "international forms" BP/5 and BP/9, respectively.
2. Furnishing of Samples
a) Requests for Samples
The IMI advises third parties to submit BP/12 to a competent intellectual property office. However, in the case of requests requiring proof of entitlement, the IMI does not supply copies of request forms; these must be obtained from the relevant industrial property office.
Notwithstanding any entitlement to receive samples under patent regulations, the IMI will furnish samples of plant pathogens that require a permit to be worked with in the United Kingdom only to third parties in the United Kingdom who have such a permit. The IMI will furnish samples when the requesting party confirms that they have obtained a permit and supplies the IMI with a copy of the permit or confirmation that no permit is required. For requestors within certain jurisdictions, formal confirmation of no permit may be required from the NPPO. For requests to the United States of America, samples of plant pathogens are sent via the United States Department of Agriculture quarantine authority.
All samples furnished by the IMI are from batches of its own preparations which, whenever possible, have been made direct (i.e., without subculture) from material supplied by the depositor.
b) Notification of the Depositor
Depositors are notified using BP/14, sent via e-mail when samples of their microorganism have been furnished to third parties, if IMI is not confident that they were fully aware of the request.
c) Cataloguing of Budapest Treaty Deposits
The IMI does not list Budapest Treaty deposits in its published catalog.
3. Schedule of Fees
1. Storage GBP
1.1 Storage of each strain, including the initial viability check, preservation and 30+5 years of storage 1,000
1.2 Prolongation of the duration of the storage to an additional 5 years over the one provided by Rule 9 of the Regulations under the Budapest Treaty. 200
2. Viability
2.1 Issuance of a viability statement on the basis of the most recent viability test 80
2.2 Issuance of a viability statement based on a new viability test 150
3 Furnishing of a sample
3.1 Furnishing of a freeze dried sample 230
3.2 Furnishing of a sample, active on agar 360
4. Communication of information regarding the strain 80
5. Issuance of an Attestation 80
6. Other charges
6.1 Administration of import and export permits 200
6.2 Assessment of acceptance of genetically modified organisms 300
The fees paid in the United Kingdom are subject to Value Added Tax at the current rate and other charges such as postage and packing and customs fees.
4. Guidance for Depositors
The IMI makes available detailed notes for the guidance of depositors.
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