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PG- IP & Tech Mgt Student Onkar Singh
History of microorganism patent
First patent granted for an invention using microbes to louis pasture for yeast used in fermentation in 1873
Modified organism that are not product of nature ,are eligible for patent protection .[ Diomand vs Chakrabarty case]
Definition of microorganism
Budapest treaty has not define what is microorganism In text of microbiology --- or microorganism or microbes is an organism that is
microscopic (usually too small to be seen by the naked human eye). The study of microorganisms is called microbiology,
BASICS….
The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.
Special agreement under Article 19 of the Paris Convention, entered into force on August 9, 1980
The Budapest Treaty was signed on April 28,1977. Entered in to force on august 9,1980 Amended in September 26,1980
Basics Continued…..
The Treaty is open to States party to the Paris Convention for the Protection of Industrial Property (1883).
It is administered by WIPO
Basics continues.. As of January 2009, 72 countries were party to the
Budapest Treaty. The accession to the Treaty is open to States party to the
Paris Convention for the Protection of Industrial Property of 1883.
Other intergovernmental agencies dealing with Industrial Property can also file to be part of this treaty
BACKGROUND…. Disclosure of invention is required for patents Disclosure not sufficient for microbes and samples need to
be submitted This treaty allows a single one time deposit at one place to
serve for patent purposes in all member countries It is necessary not only to file a written description but
also to deposit a sample of microorganism in IDA
NEED FOR TREATY Almost all patent offices are not equipped to handle
microorganisms, whose preservation requires special expertise and
equipment to keep them viable, to protect them from contamination and to protect health or the environment from contamination.
In addition, such preservation is costly The furnishing of samples also requires specialized
expertise and equipment
SUMMARY Main feature of the Treaty is:
a Contracting State which allows or requires the deposit of microorganisms for the purposes of patent procedure must recognize, for such purposes, the deposit of a microorganism with any “international depositary authority” (Article 3(1)(a)),
irrespective of whether such authority is on or outside the territory of the said State.
“International Depositary Authority” Popularly called IDA is a scientific institution — typically a “culture collection” — which is capable of
storing microorganisms
STATUS OF I.D.A
Located with in the territory of the contracting states Continuous existence Impartial objectives Accept for deposit any or certain kinds micro-organisms,
examine their viability and store them, as prescribed in the Regulations
Issue a receipt to the depositor
IDA Statistics Country name Number of IDA
EUROPE 21[spain,italy , france ,poland,… ..]
North America 3
Southern 1[Australia]
Asia 8[India , Japan ,korea ,China]
As on March 1, 2008 There were 37 IDA
Disposable subject matter
cells eg. Bacteria ,fungi ,eukaryotic cell , plant spore Genetic vector Organism used for expression of a gene [making the
protein from DNA] PLASMID Purified nucleic acid
INDIA and BUDAPEST TREATY
India joined in Dec 17,2001 Indian patent act -invention is not a mere discovery of
what is already exist in nature or in case of genetically modified microorganism or other biological material the invention result show enhancing the efficacy of already existing strain .then it patentable
India have one IDA ,namely MTCC [microbial type culture collection and gene bank] sponsored by DBT ,CSIR, GOI,
INDIA and BUDAPEST TREATY …
MTCC is an affiliate member if WFCC (world federation of the culture collection) and is registered with the WDCM (world data centre of microorganism)-R.N.773
MTCC have five section ,ACTINOMYCETES ,BACTERIA ,FUNGI,YEAST ,PLASMID
-----Deposit of indian microflora at MTCC ensure ex-situ conservation of the microbial bio diversity
Advantages For Applicant Great use to depositor who wishes to apply in several
countries Saves money and multiplication of results Security of material is increased by the fact that deposition
is made in an institute of international recognition.
Advantages -For Government
There is no financial burden on member governments. There are no separate legislative and administrative
obligations for member countries.
Member Status..Year Number of Contracting parties
1980 6
1990 22
2000 48
2009 72
Latest to join is Bosnia and Herzegovina January 27, 2009
This explains need of BUDAPEST TREATY better than anything else.
References … http://www.wipo.int/treaties/en/registration/budapest/ Full text of treaty :
http://www.wipo.int/treaties/en/registration/budapest/trtdocs_wo002.html
Regulation under treaty : http://www.wipo.int/treaties/en/registration/budapest/trtdocs_wo048.html
Contracting parties : http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=7
References : treaty Brief on Wikipedia :
http://en.wikipedia.org/wiki/Budapest_Treaty India to sign treaty :
http://timesofindia.indiatimes.com/home/science/India-to-sign-Budapest-treaty/articleshow/57927471.cms Patenting microorganism :
http://www.lexorbis.com/pdf/patenting-microorganisms.pdf Patenting microorganism :
http://www.pfc.org.in/ach/micro.htm
References … MTCC ,India : http://mtcc.imtech.res.in/ How to deposit biological material for patent purpose
http://www.springerprotocols.com/Abstract/doi/10.1385/1-59259-847-1:451
DECLARATION : I onkar singh , hereby declared that the content which
have presented in this presentation it is used for good faith as for teaching purpose ,According to my opinion content are right and I will not be liable for any dispute arise regarding content .
All right reserved to author @ ONKAR SINGH signature dated on 22 sep,2009 for further detail contact : onkarsingh.naarm@gmail.com
Thank you :
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