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Verdrag

Verdrag van Boedapest inzake de internationale erkenning van het depot van micro-organismen ten dienste van de octrooiverlening

PartijenPartijen met een link hebben een voorbehoud.

Partij Ondertekening RatificatieO=Ondertekening zonder voorbehoud of vereiste van ratificatie R=Bekrachtiging, aanvaarding, goedkeuring of kennisgeving T=Toetreding VG=Voortgezette gebondenheid NB=Niet bekend In werking Opzegging Buiten werking
Albanië 19-06-2003 (T) 19-09-2003
Antigua en Barbuda 25-03-2019 (T) 25-06-2019
ARIPO (Regionale Industriële Eigendom Organisatie voor Afrika) 10-08-1998 (R) 10-11-1998
Armenië 06-12-2004 (T) 06-03-2005
Australië 07-04-1987 (T) 07-07-1987
Azerbeidzjan 14-07-2003 (T) 14-10-2003
Bahama's 03-06-2025 (T) 03-09-2025
Bahrein 20-08-2012 (T) 20-11-2012
Belarus 19-07-2001 (T) 19-10-2001
België 15-09-1983 (T) 15-12-1983
Bosnië en Herzegovina 27-10-2008 (T) 27-01-2009
Brazilië 20-10-2025 (T) 20-01-2026
Brunei 24-04-2012 (T) 24-07-2012
Bulgarije 28-04-1977 19-07-1978 (R) 19-08-1980
Canada 21-06-1996 (T) 21-09-1996
Chili 05-05-2011 (T) 05-08-2011
China 01-04-1995 (T) 01-07-1995
Colombia 26-04-2016 (T) 26-07-2016
Costa Rica 30-06-2008 (T) 30-09-2008
Cuba 19-11-1993 (T) 19-02-1994
Denemarken 28-04-1977 01-04-1985 (R) 01-07-1985
Dominicaanse Republiek 03-04-2007 (T) 03-07-2007
Duitsland 28-04-1977 20-10-1980 (R) 20-01-1981
EAPO (Euraziatisch Octrooibureau) 05-01-2000 (R) 05-04-2000
El Salvador 17-05-2006 (T) 17-08-2006
EOB (Europees Octrooibureau) 26-08-1980 (R) 26-11-1980
Estland 14-06-1996 (T) 14-09-1996
Filipijnen 21-07-1981 (T) 21-10-1981
Finland 28-04-1977 01-06-1985 (R) 01-09-1985
Frankrijk 28-04-1977 21-02-1980 (R) 19-08-1980
Georgië 30-06-2005 (R) 30-09-2005
Griekenland 30-07-1993 (T) 30-10-1993
Guatemala 14-07-2006 (T) 14-10-2006
Honduras 20-03-2006 (T) 20-06-2006
Hongarije 28-04-1977 11-07-1978 (R) 19-08-1980
Ierland 15-09-1999 (T) 15-12-1999
IJsland 23-12-1994 (T) 23-03-1995
India 17-09-2001 (T) 17-12-2001
Indonesië 13-07-2022 (T) 13-10-2022
Israël 26-01-1996 (T) 26-04-1996
Italië 28-04-1977 23-12-1985 (R) 23-03-1986
Japan 19-05-1980 (T) 19-08-1980
Jordanië 14-08-2008 (T) 14-11-2008
Kazachstan 24-01-2002 (T) 24-04-2002
Kirgizië 17-02-2003 (T) 17-05-2003
Kroatië 25-11-1999 (T) 25-02-2000
Letland 29-09-1994 (T) 29-12-1994
Liechtenstein 19-05-1981 (T) 19-08-1981
Litouwen 09-02-1998 (T) 09-05-1998
Luxemburg 08-12-1977 29-04-2010 (R) 29-07-2010
Maleisië 31-03-2022 (T) 30-06-2022
Marokko 20-04-2011 (T) 20-07-2011
Mexico 21-12-2000 (T) 21-03-2001
Moldavië 14-02-1994 (VG) 25-12-1991
Monaco 23-10-1998 (T) 23-01-1999
Montenegro 04-12-2006 (VG) 03-06-2006
Nederlanden, het Koninkrijk der 28-04-1977 02-04-1987 (R) 02-07-1987
Nicaragua 10-05-2006 (T) 10-08-2006
Nieuw-Zeeland 17-12-2018 (T) 17-03-2019
Noord-Korea 21-11-2001 (T) 21-02-2002
Noord-Macedonië 30-05-2002 (T) 30-08-2002
Noorwegen 28-04-1977 01-10-1985 (R) 01-01-1986
OAPI (Afrikaanse Organisatie voor Intellectuele Eigendom) 15-12-2022 (R) 15-03-2023
Oekraïne 02-04-1997 (T) 02-07-1997
Oezbekistan 12-10-2001 (T) 12-01-2002
Oman 16-07-2007 (T) 16-10-2007
Oostenrijk 22-12-1977 26-01-1984 (R) 26-04-1984
Panama 07-06-2012 (T) 07-09-2012
Paraguay 05-05-2023 (T) 05-08-2023
Peru 20-10-2008 (T) 20-01-2009
Polen 22-06-1993 (T) 22-09-1993
Portugal 16-07-1997 (T) 16-10-1997
Qatar 06-12-2013 (T) 06-03-2014
Roemenië 25-06-1999 (T) 25-09-1999
Russische Federatie 30-12-1977 22-01-1981 (R) 22-04-1981
Rwanda 04-09-2023 (T) 04-12-2023
Saudi-Arabië 16-10-2020 (T) 16-01-2021
Senegal 17-12-1977
Servië 25-11-1993 (T) 25-02-1994
Singapore 23-11-1994 (T) 23-02-1995
Slovenië 12-12-1997 (T) 12-03-1998
Slowakije 30-12-1992 (VG) 01-01-1993
Spanje 28-04-1977 19-12-1980 (R) 19-03-1981
Tadzjikistan 14-02-1994 (VG) 25-12-1991
Trinidad en Tobago 10-12-1993 (T) 10-03-1994
Tsjechië 18-12-1992 (VG) 01-01-1993
Tsjechoslowakije (<01-01-1993) 05-05-1989 (R) 05-08-1989
Tunesië 23-02-2004 (T) 23-05-2004
Turkije 31-08-1998 (T) 30-11-1998
Uruguay 07-10-2024 (T) 07-01-2025
Verenigd Koninkrijk 28-04-1977 29-09-1980 (R) 29-12-1980
Verenigde Arabische Emiraten 17-02-2021 (T) 17-05-2021
Verenigde Staten van Amerika 28-04-1977 24-09-1979 (R) 19-08-1980
Vietnam 01-03-2021 (T) 01-06-2021
Zuid-Afrika 14-04-1997 (T) 14-07-1997
Zuid-Korea 28-12-1987 (T) 28-03-1988
Zweden 14-11-1977 23-06-1983 (R) 01-10-1983
Zwitserland 28-04-1977 19-05-1981 (R) 19-08-1981

Uitbreiding

Verenigd Koninkrijk

Uitgebreid tot In werking Buiten werking
Gibraltar 01-01-2021
Guernsey 01-01-2021
Man 01-01-2021

Partijen met voorbehouden, verklaringen en bezwaren

Partij Voorbehoud / verklaring Bezwaren
Colombia Ja Nee
EOB (Europees Octrooibureau) Ja Nee
Indonesië Ja Nee
Nieuw-Zeeland Ja Nee
OAPI (Afrikaanse Organisatie voor Intellectuele Eigendom) Ja Nee
Verenigd Koninkrijk Ja Nee

Colombia

26-04-2016

The Republic of Colombia declares, having regard to Article 3(1)(a) and Article 5 of the Budapest Treaty, that access to biological material whose deposit is regulated by this Treaty, that the removal of such material from the national territory, and that recognition of the respective patent shall be in accordance with the protection provided for by the Colombian Constitution, in particular at Articles 8, 58(2) and 330 thereof.
NOTING that the articles referred to in the above declaration: enshrine the duty of the Colombian State and of individuals to protect the cultural and natural heritage of the State (Art.8); establish property as a social utility and the ecological function inherent therein (Art.58); stipulate that the State is duty-bound to regulate the entry and exit of genetic resources and their use (Art.81); and enshrine the protection and regulation of indigenous territories, stipulating that the exploitation of natural resources in these territories shall not impair the cultural, social and economic integrity of indigenous communities (Art. 330);
NOTING that the above declaration does not affect the obligations and requirements of the instrument as regards the recognition and effects of the deposit of microorganisms with an international authority, and that the constitutional provisions to which the statement refers constitute duties of the Colombian State as sovereign and as protector of national heritage, which are not incompatible with the provisions of the Budapest Treaty;
CONSIDERING that Colombia already recognizes the deposit of a microorganism with an international depositary authority, in accordance with Decision No.486 of the Commission of the Andean Community, and with Resolution No.856 issued in 2014 by the Superintendency of Industry and Commerce of Colombia (Superintendencia de Industria y Comercio de Colombia);
DECLARES that the aforementioned interpretative declaration does not entail obligations, limitations or additional requirements that may affect matters covered in the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure and its Regulations.

EOB (Europees Octrooibureau)

16-01-2026

The Director General of the World Intellectual Property Organization (WIPO) [...] has the honor to notify the receipt, on January 16, 2026, of a communication dated January 13, 2026, from the European patent office regarding changes in the contact details, the requirements of and the schedule of fees charged by the Leibniz-Institut DSMZ - Deutsche Sammlung von Mikroorganismen und Zellkulturen GmbH (DSMZ), an international depositary authority (IDA) under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest Treaty), done at Budapest on April 28, 1977, and amended on September 26, 1980 (see Budapest Notification No. 22 of August 27, 1981).
In accordance with Rule 12.2(c) of the Regulations under the Budapest Treaty, the new fees set forth in the communication shall take effect on March 4, 2026, that is, on the thirtieth day following the publication of the changes by the International Bureau of WIPO.
The new contact details and requirements regarding the form and quantity for deposit and the new schedule of fees are as follows:
Contact details:
LEIBNIZ-INSTITUT DSMZ-DEUTSCHE SAMMLUNG VON MIKROORGANISMEN UND ZELLKULTUREN GmbH (DSMZ)
[...]
Internet: http://www.dsmz.de
Requirements for Deposit:
a. Kinds of Microorganisms that May Be Deposited
b. Technical Requirements and Procedures
i. Form and Quantity
- Plant material can be deposited in the form of undifferentiated plant cell cultures, embryogenic plant cell cultures and tissues. For deposit 25 frozen ampoules are required. In the case of cryopreserved shoot tips or meristems these ampoules should contain a total of at least 100 surviving apices resp. meristems.
Schedule of Fees:
I.1 EUR
(a) Storage according to Rule 12.1(a)(i) of the Regulations under the Budapest Treaty (comprising the initial viability check, the preservation and the storage of the biological material)
- archaea, bacteria, fungi, plasmids, bacteriophages and plant viruses 1.050
- plant cell cultures, human and animal cell cultures 2.000
(b) Conversion of a deposit made outside the Budapest Treaty into a deposit according to the Budapest Treaty
- archaea, bacteria, fungi, plasmids, bacteriophages and plant viruses 1.050
- plant cell cultures, human and animal cell cultures 2.000
(c) Prolongation of the duration of the storage over the one provided by Rule 9 of the Regulations under the Budapest Treaty, per year 70
I.2 Issuance of a viability statement according to Rule 12.1(a)(iii) of the Regulations under the Budapest Treaty
(a) where a viability test is requested 160
(b) on the basis of the most recent viability test 80
I.3 Furnishing of a sample according to Rule 12.1(a)(iv) of the Regulations under the Budapest Treaty (plus current freight costs) 160
I.4 Communication of information under Rule 7.6 of the Regulations under the Budapest Treaty 60
I.5 Attestation referred to in Rule 8.2 of the Regulations under the Budapest Treaty 60
For the customers within Germany the fees are subject to VAT, currently at the rate of 7%. Turnover tax, again currently at the rate of 7%, must be charged on EU orders not quoting a VAT registration number.
A processing fee of 5-30 Euros to cover handling and bank charges is payable on all invoices.

Indonesië

27-01-2026

The Permanent Mission of the Republic of Indonesia to the United Nations, World Trade Organization, and other International Organizations in Geneva [...] has the honour to request the recognition of the Indonesian Culture Collection (InaCC) under the auspices of the Indonesian National Research and Innovation Agency (BRIN) as a depository and filing authority of Microorganisms for Patent Procedure Purposes, under the Budapest Treaty, adopted in April 28, 1977, to which Indonesia is a Contracting Party, since October 13, 2022.
The Indonesian Culture Collection (InaCC) was founded in 2014 and serves as a microbial resource center and reference in the management of national bioresources, specifically microbes. InaCC complies with the implementation of ex situ conservation activities as it was written in the Convention on Biological Diversity (CBD) article 9. The role of InaCC was further strengthened by the issuance of the Indonesian Presidential Decree number 1 year 2021 on the management and utilization of microbes, which specified the role of microbial resource depositaries in detail.
The InaCC complies and will continue to comply with the requirements specified in Article 6(2) of the Budapest Treaty. Therefore, the Government of the Republic of Indonesia notifies the following name and address of its Competent Authority for the purposes of the aforementioned procedures under the Budapest Treaty.
Furthermore, the Government of the Republic of Indonesia submits the following attached documents describing the related capacities of the Indonesian Culture Collection.
ANNEX
1. Name and address
INDONESIAN CULTURE COLLECTION (InaCC)
Directorate of Scientific Collection Management
National Research and Innovation Agency (Badan Riset dan Inovasi Nasional, BRIN)
[...]
2. Legal status
The Indonesian Culture Collection (InaCC) was founded in 2014 and is located in Cibinong, West Java, Indonesia. It is a microbial resource center originally affiliated with the Indonesian Institute of Sciences (LIPI), which has now been merged into the Indonesian National Research and Innovation Agency (BRIN), Indonesia's centralized institution for research and innovation. BRIN was formed based on the Presidential Decree number No. 78 Year 2021.
InaCC is the center of Indonesian microbial collection depositary which serves as a center of reference in the management of national bio-resources, specifically microbes. InaCC is also in accordance with the implementation of ex situ conservation activities as it was written in the Convention on Biological Diversity (CBD) Article 9.
Since its establishment, InaCC has grown rapidly due to the collaboration between Indonesian and Japanese government under the umbrella of Science and Technology Research Partnership for Sustainable Development Program (SATREPS) project supported by Japan Science and Technology Agency (JST) and Japan International Cooperation Agency (JICA). The project combined exploration activities and taxonomy studies of Indonesian indigenous microorganisms as the cornerstone of microbial collection which is managed according to the guidelines of World Federation of Culture Collection (WFCC).
The role of InaCC was further strengthened by the issuance of the Indonesian Presidential Decree number 1- year 2021 on the Management and Utilization of Microbes, which specified the role of microbial resource depositaries in detail.
3. Facilities and equipment
In accordance with Article 6(2)(ii) of the Treaty, InaCC has the facilities necessary to perform its scientific and administrative tasks under the Treaty.
InaCC is located at KST Soekarno with a total area of circa 2800 square meters, including a laboratory for microbial identification, sample repository, lyophilization room, room for liquid nitrogen storage, and office space dedicated to the storage of data, barcoding system storage, and documentation pertaining to the culture collection. It has a media-preparation room, glassware washing room, sterilization room with several autoclaves, cold storage rooms, incubation rooms, dark room and stockroom for safe chemical storage, and individual taxon-based laboratories. InaCC is fully equipped with BSL-2, BSL-3 laboratories. Consistent with Rule 2.2 of the Regulations, InaCC's advanced research infrastructure enables the long-term preservation of deposited microorganisms, maintaining their physical, genetic, and functional stability.
InaCC is also equipped with three rooms:
• Preparation and Sterilization Room containing equipment that is used to prepare culture media (scales, agitator, heating plate), autoclaves in order to sterilize culture media, and a wet bench, and supplies such as glass labware;
• Preservation Stock Preparation and Microorganism Preservation Room, equipped with lyophilisation tools, +4°C refrigerator for storage of freeze-dried strains and seven -80°C ultra-refrigerators for storage of cryopreserved strains in glycerol, and two 60 L liquid Nitrogen tanks. Each ultra-refrigerator is connected with an alarm system and is continuously monitored for temperature and with electricity back up. The room is also equipped with air conditioners in order to maintain room temperature at +20°C.
• Identification Room, PCR-thermal cycler, real-time PCR and transmission electron microscope.
Access to all laboratories is under electronic surveillance with CCTV cameras and restricted to the staff with digitally programmed key cards preventing unauthorized access to the facilities and ensuring that only the qualified personnel within the facilities can access the stored biological material.
4. Scientific level
BRIN has established research agreements with several countries such as Japan, United States of America, and Australia for exploring microbial resources. These agreements have resulted in many potential microbial species which can be developed further. In order to sustain and preserve Indonesian microbial resources, an internationally standardized documentation system, preservation, maintenance and examination are particularly necessary. Indonesian microbial resources which are preserved in an internationally standardized preservation system will grow as exploration will also continue to be conducted. Indonesian Culture Collection (InaCC) was established to preserve the country's priceless assets. InaCC is projected to be equal to those depository centers in developed countries so that Indonesia can play important roles in global scientific society and green economy development.
InaCC is equipped with various modern facilities which are crucial to support research and depository activities. InaCC has been serving as a national depository. InaCC has been trying to become a Competent National Authority (CNA) which is essential for Indonesia as a country who has ratified Nagoya Protocol in October 2013 (UU No. 11 -Year 2013). Currently, microbial collections deposited in InaCC have reached 5,569 collections ranging from filamentous fungi, yeast, actinomycetes, bacteria, archaea, microalgae, and virus/bacteriophage. InaCC is expanding the number and types of collection, including parasitic microbes.
Nationally, InaCC was designated by the Indonesian government as a center for patented microbial preservation, center for microbial preservation, center for microbial access, center for research on microbial exploration, center for training on microorganisms handling, and center for public awareness on microbial roles and bio prospects.
InaCC also contributes toward scientific excellence in Indonesia. For example, InaCC's collection has been utilized for cutting edge scientific research for the elucidation of novel drugs for tuberculosis. The project is supported by both Indonesian and Japanese Governments and has resulted in more than 30 publications in scientific journals with global reputation. Other similar projects involving InaCC's collection have also been conducted with similar output.
5. Staff
In accordance with Article 6(2)(ii) of the Budapest Treaty, InaCC has competent staff to perform its scientific and administrative tasks under the Treaty. InaCC is under the Directorate of Scientific Management Collections, Deputy of Research and Innovation Infrastructure, BRIN. The supplied biological material for patent purposes and administrative work related to deposits will be handled by a dedicated, permanent staff employed at InaCC, which will act as an ad hoc committee, consisting of:
• an IDA office manager,
• a coordinator of administration,
• a coordinator of quality control,
• curators,
• technicians, and
• a team of experts consisting of taxonomists.
InaCC staff have familiarized themselves with the Code of Practice for Institutions that are International Depositary Authorities (IDAs), and are committed to providing quality service to future depositors. InaCC IDA office is handled by the scientists with extensive professional experience in scientific collection management, molecular biology and microbiology, and international collaboration. The curator acquired knowledge and practical skills in the methodology and principles of preservation of biological material and management of biological resource centers and core facilities through training. All administrative tasks pertaining to the InaCC are performed by an administration specialist working in the collection. The technical staff responsible for basic media preparation, autoclaving, maintenance of essential microbiological equipment in operating conditions, cleaning glassware, decontamination, and utilization of cultured materials. InaCC also has sustainable support from the Research Organization for Life Sciences and Environment, and Research Organization for Health of BRIN.
6. Types of materials accepted for deposit
InaCC accepts pathogenic and non-pathogenic bacteria, viruses, parasitic microorganisms, non-pathogenic and pathogenic fungi and yeast, and plasmids. In general, InaCC accepts only strains that may be cultivated and preserved under technically feasible conditions. The deposited cultures should be pure without any contamination and deposited as lyophilized vial.
In the case of microbial consortia or mixtures of microorganisms, InaCC recommends that the Depositor separates the different components and deposits them individually. InaCC is not responsible for changes in the characteristics of the properties of the consortium once it has been deposited. The acceptance of mixtures of microorganisms is subject to the InaCC curator's decision, and the fees related thereto must be fixed on an individual basis by prior negotiation with the prospective Depositor.
Plasmids can be sent in freeze-dried hosts, as isolated DNA preparations, or other feasible methods. The minimum amount of isolated DNA that must be supplied by the depositor when making their deposit is 5 microtubes of 20 micrograms of ethanol-precipitated DNA.
The plasmid DNA must have a sufficient degree of purity and integrity to ensure a successful transformation.
7. Official languages
The official language of InaCC is English. Communication in Indonesian is also accepted.
8. Technical requirements and procedures
In accordance with Rule 6.3(a) of the Regulations, InaCC requires that:
• the microorganism be deposited in the form and quantity necessary for the purposes of the Treaty and the Regulations;
• the application and accession form used by the InaCC for deposits under the Budapest Treaty, equivalent to model BP/1, is duly completed by the depositor;
• the written statement referred to in Rule 6.1(a) or 6.2(a) be drafted correctly in English;
• the fee for storage referred to in Rule 12.1(a)(i) be paid;
• necessary permission for transportation and deposit be obtained by the depositor, and
• to the extent permitted by the applicable law, the depositor signs the "Patent Deposit" contract with InaCC defining the respective liabilities of the parties.
In accordance with the Regulations, InaCC will:
• verify the viability of each deposit and will store it;
• issue receipts and viability statements, and certificate of deposit,
• conform to the secrecy required by Rule 9.2; and
• furnish the samples under the conditions and according to the procedures envisaged in Rule 11.
The InaCC will test viability as quickly as possible. Since growth rate of microorganisms vary, the time required for viability testing for different microorganisms may accordingly vary. The average time that will be required for viability testing is indicated below:
• Bacteria, yeast and plasmids 4 days to 3 weeks
• Actinomycetes, fungi 7 days to 4 weeks
9. Schedule of Fees
All fees are in Indonesian rupiah (IDR)
BSL 1-2 BSL 3
(a) Storage under rule 12.1 (a)(i) (30 years deposit) 7,500,000 10,000,000
(b) Conversion of deposit 2,000,000 7,500,000
(c) Extension of duration storage beyond that provided by Rule 9 (per year) 2,000,000 7,500,000
(d) Issue of viability and identification statement on the basis of test 2,000,000 2,000,000
(e) Issue of viability statement on the basis of last viability test 250,000 250,000
(f) Furnishing of samples (excluding shipping cost) 750,000 1,500,000
(g) Communication of information under Rule 7.6 200,000 200,000
(h) Attestation referred to in Rule 8.2 (from patent office) 100,000 100,000

Nieuw-Zeeland

17-12-2018

Consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, this accession shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the Depositary on the basis of appropriate consultation with that territory.

OAPI (Afrikaanse Organisatie voor Intellectuele Eigendom)

15-12-2022

OAPI declares that pursuant to Article 9(1)(a) of the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, done at Budapest on April 28, 1977, and amended on September 26, 1980 (Budapest Treaty), it accepts the obligation of recognition provided for in Article 3(1)(a) of the Budapest Treaty, the obligation concerning the requirements referred to in Article 3(2) of the said Treaty and all the effects of the provisions of the said Treaty and its Regulations applicable to intergovernmental industrial property organizations.

Verenigd Koninkrijk

28-07-2025

The Director General of the World Intellectual Property Organization (WIPO) [...] has the honor to notify the receipt, on July 28, 2025, of a communication dated July 28, 2025, from the Government of the United Kingdom of Great Britain and Northern Ireland regarding changes in the schedule of fees charged by the National Collections of Industrial, Food and Marine Bacteria (NCIMB), an international depositary authority (IDA) under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest Treaty) [...].
In accordance with Rule 12.2(c) of the Regulations under the Budapest Treaty, the new fees set forth in the communication shall take effect on September 1, 2025.
The new schedule of fees is as follows:
Schedule of Fees GBP
1. Storage
1.1. Storage according to the Budapest Treaty (comprising of the initial viability check, the preservation and storage of biological material):
- Orthodox seeds, bacteria, fungi, plasmids, bacteriophages (plus the host as a separate deposit) 1’164
- Plant cell cultures 1’835
1.2. Storage according to the Budapest Treaty (comprising of the initial viability check of biological material preserved by the depositor and the storage of biological material) or conversion of a deposit made outside of the Budapest Treaty into a deposit according to the Budapest Treaty:
- Bacteria, fungi, plasmids, bacteriophages (plus the host as a separate deposit) 907
- Plant cell cultures 1’227
2. Viability
Issuance of a viability statement according to Rule 10.2 of the Budapest Treaty:
2.1. Where viability test is requested 1560
2.2. On the basis of most recent viability test 62
3. Furnishing of a sample
3.1. To the depositor according to Rule 11.2 (i) of the Regulations under the Budapest Treaty 121
3.2. To a third party according to Rule 11.2 (ii) and 11.3 of the Regulations under the Budapest Treaty 187
4. Communication of information under Rule 7.6 of the Regulations under the Budapest Treaty 183
5. Attestation referred to in Rule 8.2 of the Regulations under the Budapest Treaty 183
6. Additional Charges
6.1 Custom inspection fees at current rate
6.2 Additional or replacement BP/4 or BP/9 156
6.3 Phytosanitary certificates (for furnishing of seeds) 135
6.4 Extending the duration of storage over the one provided by Rule 9 of the Budapest Treaty 52 per year
Fees are payable to NCIMB Ltd. and do not include, where applicable, VAT, handling charges, customs inspection fees (if applicable) or postage and packing.
[...]


30-10-2025

[...]
Communication by the Government of the United Kingdom of Great Britain and Northern Ireland Regarding Changes in the Requirements of and in the Schedule of Fees Charged by the CABI Bioscience, UK Centre (IMI)
The Director General of the World Intellectual Property Organization (WIPO) [...] has the honor to notify the receipt, on October 30, 2025, of a communication dated October 29, 2025, from the Government of the United Kingdom of Great Britain and Northern Ireland regarding changes in the requirements of and in the schedule of fees charged by the CABI Bioscience, UK Centre (IMI), an international depositary authority (IDA) under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure (Budapest Treaty), done at Budapest on April 28, 1977, and amended on September 26, 1980 (see Budapest Notification No. 30 of February 16, 1983).
In accordance with Rule 12.2(c) of the Regulations under the Budapest Treaty, the new fees set forth in the communication except the fee regarding the issuance of a viability statement on the basis of the most recent viability test shall take effect on December 18, 2025, that is, on the thirtieth day following the publication of the changes by the International Bureau of WIPO.
The changes in the requirements highlighted in bold and the new schedule of fees are as follows:
1. Requirements for Deposit
a) Kinds of Microorganisms that May Be Deposited
Nematodes, fungal isolates (including yeasts) and bacteria (including actinomycetes), other than known human and animal pathogens that can be preserved without significant change to their properties by methods of preservation in use.
Organisms up to and including ACDP Category 2 deposits are accepted by the Collection. Genetically modified microorganisms are accepted on a case-by-case basis only.
Notwithstanding the foregoing, IMI reserves the right to refuse to accept any material for deposit which in the opinion of the Curator presents an unacceptable risk or is technically unsuitable to handle. IMI will accept organisms which do not significantly change after long-term nitrogen freezing or freeze-drying. A statement regarding potential pathogenicity and storage conditions is required when a deposit is made.
b) Technical Requirements and Procedures
i) Form and Quantity
The IMI prefers fungi, yeast and bacteria to be submitted as healthy, clean, sporing (in the case of fungi) cultures on agar slants suitable for preparing suspensions for freeze-drying and liquid nitrogen storage. The minimum number of replicates to be supplied by the depositor when making their deposit should be six. Lyophilized or cryopreserved stocks are also accepted, in such cases only two vials are required.
ii) Time Required for Viability Testing
The average length of time required for testing the viability of strains accepted by the IMI of yeast and bacteria is 4 days, filamentous fungi 14 days, but depositors should be aware that in some cases viability testing may take longer.
iii) Depositor Checks and Renewal of Stocks
Depending on the number and conditions of the cultures sent for deposit, the IMI either prepares frozen and lyophilized batches direct from the depositor's material or from subcultures derived from it. New batches are prepared as necessary for the renewal of diminishing stocks. The depositor is required to test for authenticity of samples from all batches of their microorganism prepared by the IMI.
c) Administrative Requirements and Procedure
i) General
Language. The official language of the IMI is English. Communications in any other language are not accepted.
Contract. The IMI Patent application form which the depositor is required to complete, constitutes a contract by which they are bound:
- to provide all necessary information requested by the IMI;
- to replace the microorganism at their expense if the IMI is no longer able to furnish samples of it;
- to pay all necessary fees;
- to indemnify the IMI against any claims which may be brought against it as a consequence of the release of samples, unless such claims result from negligence on the part of the IMI;
- not to withdraw their deposit during the required storage period;
- to authorize the IMI to furnish samples according to the appropriate patent requirements.
Import and/or Quarantine Regulations. Plant pathogenic fungi not indigenous to the United Kingdom are subject to import regulations. The IMI holds a permit for the import of such organisms and will advise the depositor of any necessary procedures.
ii) Making the Original Deposit
Requirements to Be Met by the Depositor. As well as the IMI Patent application form referred to in (i), above, depositors are required to complete BP/1 which is the deposition from used for making the Original deposit under the regulations of the Budapest Treaty deposits. In the event of a later indication or amendment of the scientific description and/or proposed taxonomic designation the depositor must complete BP/7, in such cases the depositor is sent BP/8.
Official Notifications to the Depositor. The receipt is issued on the mandatory "international form" BP/4. The viability statement is issued on the mandatory "international form" BP/9. A standard IMI form is used for notifying the depositor of refusal to accept a microorganism for deposit.
Unofficial Notifications to the Depositor. The IMI acknowledges delivery of cultures, but this does not constitute acceptance. The IMI does not communicate accession numbers to the microorganism until it has been shown to be viable and accepted. After a positive result of the viability test has been obtained, the IMI will, if requested, email this information along with the accession number before the issue of the official documentation.
Supply of Information to a Patent Agent. The IMI does not routinely ask the depositor for the name and address of their patent agent. However, if requested, the IMI will supply copies of the receipt and viability statement to both the depositor and their patent agent.
iii) Converting a Previous Deposit
The IMI permits the conversion of deposits not originally made for patent purposes to Budapest Treaty deposits. Deposits previously made for patent purposes outside the provisions of the Treaty may be converted provided that the depositor supplies the IMI with a new sample of the deposited microorganism or authorizes existing stocks to be used for the generation of new batches and checks the authenticity of all batches prepared from it. The administrative requirements for conversion are similar to those to be met in respect of an original deposit made under the Treaty. All conversions are subject to the storage fee normally levied for Budapest Treaty deposits, regardless of whether any fees had been paid previously in respect of those deposits.
iv) Making a New Deposit
The depositor is required to complete BP/2 for patents already held by IMI and to send with it copies of the relevant documents required by Rule 6.2. The receipt and viability statement for a new deposit are issued on mandatory "international forms" BP/5 and BP/9, respectively.
2. Furnishing of Samples
a) Requests for Samples
The IMI advises third parties to submit BP/12 to a competent intellectual property office. However, in the case of requests requiring proof of entitlement, the IMI does not supply copies of request forms; these must be obtained from the relevant industrial property office.
Notwithstanding any entitlement to receive samples under patent regulations, the IMI will furnish samples of plant pathogens that require a permit to be worked with in the United Kingdom only to third parties in the United Kingdom who have such a permit. The IMI will furnish samples when the requesting party confirms that they have obtained a permit and supplies the IMI with a copy of the permit or confirmation that no permit is required. For requestors within certain jurisdictions, formal confirmation of no permit may be required from the NPPO. For requests to the United States of America, samples of plant pathogens are sent via the United States Department of Agriculture quarantine authority.
All samples furnished by the IMI are from batches of its own preparations which, whenever possible, have been made direct (i.e., without subculture) from material supplied by the depositor.
b) Notification of the Depositor
Depositors are notified using BP/14, sent via e-mail when samples of their microorganism have been furnished to third parties, if IMI is not confident that they were fully aware of the request.
c) Cataloguing of Budapest Treaty Deposits
The IMI does not list Budapest Treaty deposits in its published catalog.
3. Schedule of Fees
1. Storage GBP
1.1 Storage of each strain, including the initial viability check, preservation and 30+5 years of storage 1,000
1.2 Prolongation of the duration of the storage to an additional 5 years over the one provided by Rule 9 of the Regulations under the Budapest Treaty. 200
2. Viability
2.1 Issuance of a viability statement on the basis of the most recent viability test 80
2.2 Issuance of a viability statement based on a new viability test 150
3 Furnishing of a sample
3.1 Furnishing of a freeze dried sample 230
3.2 Furnishing of a sample, active on agar 360
4. Communication of information regarding the strain 80
5. Issuance of an Attestation 80
6. Other charges
6.1 Administration of import and export permits 200
6.2 Assessment of acceptance of genetically modified organisms 300
The fees paid in the United Kingdom are subject to Value Added Tax at the current rate and other charges such as postage and packing and customs fees.
4. Guidance for Depositors
The IMI makes available detailed notes for the guidance of depositors.
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