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 9,1980Amended 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

patentsDisclosure not sufficient for microbes and

samples need to be submittedThis 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

SUMMARYMain 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 IDAis a scientific institution —typically a “culture collection” — which is

capable of storing microorganisms

STATUS OF I.D.ALocated with in the territory of the

contracting statesContinuous existenceImpartial 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 StatisticsCountry 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 mattercells 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 TREATYIndia 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 ApplicantGreat use to depositor who wishes to apply in

several countriesSaves money and multiplication of resultsSecurity of material is increased by the fact

that deposition is made in an institute of international recognition.

Advantages -For GovernmentThere 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/b

udapest/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_TreatyIndia 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 :