International Depository Authority (IDA), Budapest Treaty

An inventor desirous of applying for a patent is required to include a written description of the invention including the manner and the process of making and using it in full, clear, concise and exact terms. However, where new and rare microorganisms have been used, the written description in the inventions may sometimes on its own prove insufficient. This issue can be addressed through a depository requirement of the microorganisms in use. Where a patent relies on microorganisms that is not known nor readily available to the public, the microorganism must be stored in a depository centre capable of sustaining its viability as well as being readily accessible. A sample of the invention then becomes available for inspection, if necessary.       

Malaysia intends to accede to the Budapest Treaty in the near future. A fundamental principle of this treaty is that all States party to it recognises that a deposit made in any one of certain culture collections (“international depositary authorities”) will be treated as sufficient for the purposes of their own patent procedure. Thus, the Treaty facilitates the deposit of microorganisms for the purposes of satisfying patent procedure with respect to disclosure with a single international depository authority. Once Malaysia forms an international depositary authority, any local inventor or inventors from neighbouring countries may deposit their microorganisms in Malaysia for the purpose of filing a patent. This can be seen as cost saving for many, especially for our local inventors who presently need to go abroad to deposit their microorganisms.

Todate (July 2007), BiotechCorp’s efforts and activities include:

• BiotechCorp together with MyIPO has conducted study visits on the implementation of the Budapest Treaty and the setting up of IDA in Malaysia for the purpose of patent procedure.
• BiotechCorp and MyIPO visited the patent offices and IDAs in Australia, Japan, Korea and United States last year.
• BiotechCorp also conducted a dialogue with research institutes and universities in Malaysia on the formation of IDA on June 9, 2007.
• BiotechCorp conducted a second dialogue session with interested parties on July 13, 2007. It is expected that a short list of interested institutions can be produced soon after this second round and the actual process of selecting and recommending the appropriate location be made within this year.