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

Under the Budapest Treaty, Vidyut Biologics deposits a microorganism with an International Depositary Authority and then files patent applications in India and another contracting state. What is the main benefit to Vidyut?

The main benefit is that a single deposit with an International Depositary Authority is recognised by all Budapest Treaty contracting states for patent procedure. The applicant need not deposit the microorganism separately in each country, though patent applications and grant still follow each national law.

  1. AThe deposit is recognised by all contracting states for patent procedure, so repeated deposits in each state are avoidedCorrect
  2. BThe deposit automatically grants a patent in every contracting state
  3. CThe deposit removes the need to file any patent application
  4. DThe deposit extends the patent term to 30 years

Explanation

The treaty's core benefit is that one deposit with an International Depositary Authority is recognised for patent procedure by every contracting state, saving cost and effort. It neither grants patents nor replaces applications nor changes patent term.

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