Converting to Budapest Treaty

Only the original depositor of patent material may convert their deposit to meet the requirements of the Budapest Treaty. If viability of the deposit was confirmed before the conversion another viability test is not required, however a Budapest Treaty deposit form must be completed and Patent deposit service fee is paid. For deposits made before January 1, 1981, a deposit date of January 1, 1981 (the date ATCC was recognized as an IDA) becomes the deposit date for Budapest Treaty purposes. Deposits made after January 1, 1981, have a deposit date of the conversion of the deposit, provided viability is confirmed. Deposits made under the Budapest Treaty also meet USPTO requirements.