Bandar Seri Begawan, 9th May 2012
The Brunei Economic Development Board (BEDB) today announced that Brunei Darussalam has acceded to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure on 24 April 2012. As the 76th member of the Treaty, Brunei Darussalam will enjoy the main feature of the Treaty whereby a contracting State which allows or requires the deposit of microorganisms for the purposes of patent procedure must recognize, for such purposes, the deposit of a microorganism with any "international depositary authority", irrespective of whether such authority is on or outside the territory of the said State.
Disclosure of an invention is a requirement for the grant of patents. Normally, an invention is disclosed by means of a written description. Where an invention involves a microorganism or the use of a microorganism, disclosure is not possible in writing but can only be effected by the deposit, with a specialized institution, of a sample of the microorganism. In practice, the term "microorganism" is interpreted in a broad sense, covering biological material the deposit of which is necessary for the purposes of disclosure, in particular regarding inventions relating to the food and pharmaceutical fields.
It is in order to eliminate the need to deposit in each country in which protection is sought, the Treaty provides that the deposit of a microorganism with any "international depositary authority" suffices for the purposes of patent procedure before the national patent offices of all of the contracting States and before any regional patent office. What the Treaty calls an "international depositary authority" is a scientific institution - typically a "culture collection" - which is capable of storing microorganisms.
The Treaty makes the patent system of the contracting State more attractive because it is primarily advantageous to the depositor if he is an applicant for patents in several contracting States; the deposit of a microorganism under the procedures provided for in the Treaty will save him money and increase his security. It will save him money because, instead of depositing the microorganism in each and every contracting State in which he files a patent application referring to that microorganism, he will deposit it only once, with one depositary authority. The Treaty increases the security of the depositor because it establishes a uniform system of deposit, recognition and furnishing of samples of microorganisms.
The Patent Registry Office (PRO) of the BEDB will be responsible for administration of the Budapest Treaty which will be in force on 24 July 2012 after the ratification of Brunei Darussalam's accession. For more information about the Deposit of Microorganisms for the Purposes of Patent Procedure under the Budapest Treaty, please contact the PRO at telephone number 238 0965/6 or email to email@example.com
Shahrinah Yusof Khan
Deputy Registrar/Head of Patents
Patent Registry Office
The Brunei Economic Development Board
Tel: +673 238 0964 / 7132518