Skip to content

CS Professional · Intellectual Property Rights - Law and Practice · Role of International Institutions

Sundaram Biotech, an Indian firm, files a patent application for a novel microorganism strain and wants to satisfy the disclosure requirement for the invention by depositing the strain at a recognised facility whose deposit is accepted by all contracting states. India is a party to the relevant treaty. Which treaty applies?

The Budapest Treaty applies. It lets an applicant deposit a microorganism with one International Depositary Authority and have that deposit recognised for patent purposes in all contracting states. India is a party, with an authority at IMTECH Chandigarh. Paris, Locarno and the Patent Law Treaty do not provide this.

  1. AParis Convention
  2. BBudapest Treaty on the International Recognition of the Deposit of MicroorganismsCorrect
  3. CLocarno Agreement
  4. DPatent Law Treaty

Explanation

The Budapest Treaty, administered by WIPO, recognises a deposit of a microorganism made with any International Depositary Authority for patent procedure purposes in all contracting states, removing the need to deposit in each. India is a party and has an IDA at IMTECH, Chandigarh. The Paris Convention gives priority and national treatment, Locarno classifies designs, and the Patent Law Treaty deals with formalities.

Did you get it right without looking?

One question tells you little. A timed set on Role of International Institutions shows your real accuracy, how long you take and where you lose marks.

Practise Role of International InstitutionsFree diagnostic mock

More Role of International Institutions questions