New bio-industrial processes often make use of microbial and genetic resources to produce biochemicals, biomedicines, biofertilisers, etc. To ensure cost recovery for the involved R&I investments, innovating organisations seek Intellectual Property Protection for these new processes.
Patent law requires the public disclosure of all relevant details pertaining to an invention. Written descriptions and drawings are normally adequate and sufficient for the purpose of seeking patent protection, but this is not the case when the invention involves microbiological material. To rectify such cases, the deposit of the biological material within an officially recognized culture collection was deemed necessary for the patenting procedure.
This principle was endorsed in the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure. The Budapest Treaty acknowledges that, for all signatory States, a deposit made with one of the “International Depositary Authorities, IDAs” (i.e. a culture collection recognized as such by the World Intellectual Property Organization, WIPO) is sufficient for the purpose of their respective patent procedure(s), hereby avoiding the cumbersome task of making a deposit in every country where patent protection is sought.
IDAs are professional institutes, specialised in the long-term preservation of microbial and genetic resources, ensuring that the material is kept alive, unmodified and pure. They must have the necessary staff and facilities to perform the scientific and administrative tasks that are imposed on them by the Budapest Treaty. Moreover, IDAs must be impartial and objective and must respect the rules concerning confidentiality of data in each step of the patent procedure. This implies that samples of material that is deposited with them can only be distributed under the conditions of the Budapest Treaty.
BCCM has been recognised as International Depositary Authority in 1992. The BCCM collections accept bacteria, filamentous fungi, yeasts, animal and human cell lines, plasmids and other types of genetic material (see table for details on material that can be accepted) as patent deposits under the Budapest Treaty. BCCM preserves patented strains separately from its public collections. Access to this material and related information is rigorously controlled. The use of multiple state-of-the-art preservation methods (e.g. freeze drying and cryopreservation over liquid N2), together with storage of duplicates at a second location, guarantees a very high degree of security. BCCM's patent deposit service is covered by its ISO 9001 certified multi-site quality management system.
Profit as well as non-profit organisations entrust their patented biomaterials to BCCM to ensure they fulfil all conditions for the patentability of their invention.
WIPO has recently organised a meeting with IDA representatives, providing them a forum for discussion and exchange of views on a number of administrative and practical issues related to the Budapest Treaty. As a result it was decided to revise and complete the Code of Practice for IDAs, which was compiled for the first time under the coordination of the BCCM in 1996. This Code of Practice aims to ensure that all IDAs apply similar principles and procedures for the handling of deposits. Ultimately, this coordination is advantageous for depositors, and it confirms the intent of the Budapest Treaty to harmonize the requirements for patent deposits. It goes without saying that BCCM will actively participate in this initiative, optimising its patent deposit service for all users.
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Material accepted by BCCM as patent deposit under the Budapest Treaty |
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Filamentous fungi and yeasts, including pathogens that cause mycosis in man and animals |
Contact BCCM/IHEM E-mail: bccm.ihem@sciensano.be |
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Human and animal cell lines, including hybridomas; Genetic material in a host or in the form of isolated material (e.g. plasmids, oncogenes, RNA) |
Contact BCCM/GeneCorner E-mail: bccm.genecorner@ugent.be |
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Bacterial strains, except pathogens belonging to a hazard group higher than group 2 |
Contact BCCM/LMG E-mail: bccm.lmg@ugent.be |
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Filamentous fungi and yeasts, including phytopathogens but excepting pathogenic fungi causing mycosis in man and animals belonging to a hazard group higher than group 2 |
Contact BCCM/MUCL E-mail: bccm-mucl@uclouvain.be |