On 4 September 2023, Rwanda deposited its instrument of accession to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure – Budapest Notification No. 360.
For patent applications involving a microorganism, it is extremely difficult to provide an enabling disclosure in the patent description to enable third parties to carry out the invention. This is why for inventions involving microorganisms, a deposit of microorganisms is required to satisfy this requirement.
The Budapest Treaty eliminates the need to deposit microorganisms in each country where patent protection is sought. Under the treaty, the deposit of a microorganism with an “international depositary authority” satisfies the deposit requirements of treaty members’ national patent laws. The applicant needs only to deposit the biological material at one recognised institution, and this deposit will be recognised in all countries party to the Budapest Treaty.
The Budapest Treaty will enter into force in Rwanda on 4 December 2023.