Budapest Treaty

For the pact regarding Ukrainian sovereignty and nuclear non-proliferation, see Budapest Memorandum on Security Assurances.

Budapest Treaty
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure
Signed28 April 1977 (1977-04-28)
LocationBudapest, Hungary
Effective19 August 1980
Conditionratification by five States[1]
Parties89[2]
DepositaryDirector-General of WIPO[3]
LanguageEnglish, French[4]

The Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, or Budapest Treaty, is an international treaty signed in Budapest, Hungary, on April 28, 1977. It entered into force on August 19, 1980,[5] and was later amended on September 26, 1980. The treaty is administered by the World Intellectual Property Organization (WIPO).

The Budapest Treaty concerns a specific topic in the international patent process: microorganisms. All states party to the Treaty are obliged to recognize microorganisms deposited as a part of the patent procedure, irrespective of where the depository authority is located. In practice this means that the requirement to submit microorganisms to each and every national authority in which patent protection is sought no longer exists.

  1. ^ Article 16(1) Budapest Treaty: "This Treaty shall enter into force, with respect to the first five States which have deposited their instruments of ratification or accession, three months after the date on which the fifth instrument of ratification or accession has been deposited."
  2. ^ WIPO web site, WIPO-Administered Treaties, Contracting Parties > Budapest Treaty (Total Contracting Parties: 89) . Consulted on 21 December 2023.
  3. ^ Article 19(1) Budapest Treaty: "The original of this Treaty, when no longer open for signature, shall be deposited with the Director General."
  4. ^ Article 18(1)(a) Budapest Treaty: "This Treaty shall be signed in a single original in the English and French languages, both texts being equally authentic."
  5. ^ "BUDAPEST TREATY ON THE INTERNATIONAL RECOGNITION OF THE DEPOSIT OF MICROORGANISMS FOR THE PURPOSES OF PATENT PROCEDURE Note by the Secretariat (WO/INF/12 REV. 27)" (PDF). WIPO. 31 August 2020. Archived (PDF) from the original on 6 June 2012. Retrieved 18 February 2021.