Types of Deposits Under the Budapest Treaty

Date Published

There are three types of deposits recognised under the Budapest Treaty:

Original Deposit

A sample of a micro-organism is deposited in an IDA for the first time (Rule 6.1).

New Deposit

Where an IDA can no longer furnish a sample of an original deposit of a micro-organism for any reason, in particular:

  • the original deposit is no longer viable; or
  • export and/or import restrictions prevent the sample being sent overseas;

a new deposit of the originally deposited micro-organism can be made.

In the former situation, the deposit is made with the same IDA, whereas the latter involves two different IDAs which are usually located in different countries (Rule 6.2).

Transfer Deposit

Where an IDA has lost its status as an accredited IDA in respect of any micro-organism concerned, samples of all such micro-organisms may be transferred to another IDA (Rule 5.1).

Note:  Not all depositories in which a PCT applicant can deposit a micro-organism are accredited depositary institutions under the Budapest Treaty. A list of the recognised IDAs is available from WIPO.