Patent Deposit Service

A vital basis of the CCTCC is to act as International Depositary Authority (IDA) for the deposit of biological material for the purposes of patenting under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

To obtain patent protection for an invention, a full disclosure of the process in question must be given to enable a person skilled in the art to rework the invention. This is usually accomplished by a written description (manifestation). As biological material which is involved in biotechnological inventions often cannot be described in such a way that it is "reworkable", patent offices of most countries require that the organism must be deposited with a recognised independent culture collection.

The Budapest Treaty

Since 1985, patent deposits are regulated in an international frame by the Budapest Treatyon the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. It aims at overcoming the difficulties which arose from differing national patent regulations concerning the deposit of biological material. According to the treaty, certain scientifically recognised independent culture collections can obtain the status of anInternational Depositary Authority (IDA).

The main facts for a deposit according to the Budapest Treaty are as follows:

A single deposit with one IDA (e.g. the CCTCC) is recognised as valid by all Contracting States of the Budapest Union.

The storage time is at least 30 years.

After deposition the culture cannot be claimed back. The deposit remains valid.

The depositor is advised to keep samples of the culture for the same period of time so that in the case the culture is for any reason no longer available from the Depositary Authority he can replenish the stock.

The Depositary Authority (the CCTCC) maintains secrecy about the details of a deposit and the nature of the deposited material. All material and information is handled strictly confidentially.

Further information about where and how to deposit may be drawn from the "Guide to the Deposit of Microorganisms under the Budapest Treaty" (WIPO, Geneva)