Request for Public Consultation (Budapest Treaty)

Request for public consultation on the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest Treaty)

Within the framework of the Saudi Authority for Intellectual Property’s operational strategy, the Authority is currently studying the extent of Saudi Arabia’s accession to a number of international intellectual property treaties.

Since the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of the Patent Procedure (Budapest Treaty) is one of those treaties, under which all Member States are obliged to recognize the deposit of microorganisms for the purposes of patent procedures in any recognized international depositary authority, regardless of whether this power is within the State where the microorganism is to be protected or not, without requiring samples of the microorganism to be submitted to any national patent office. ‘Invention disclosure’ is one of the conditions for the granting of patents, where the invention is usually disclosed as a writing, but if the invention relates to a microorganism or to the use of that object, it is impossible to detect it in writing, and this must be done by depositing a sample of the microorganism at a specialized depository authority. In its general sense, the term ‘microorganism’ is understood to include biological material whose deposit is necessary for disclosure purposes, for inventions related to the food and pharmaceuticals. In order to deposit these organisms there are certain internationally agreed requirements of the International Depository Authority.

The Saudi Authority for Intellectual Property invites the esteemed public to express their opinion on the Budapest Treaty and submit the views or written comments in this regard before the end of Saturday 8/4/1440 H (15/12/2018), by sending them to the Authority’s mail saip@saip.gov.sa Including the name of the person or organization providing the visuals. The treaty texts can be found in Arabic and English and more comprehensive information about the treaty is available at: http://www.wipo.int/treaties/en/registration/budapest/

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