Rules for Deposit of Microorganisms in International Depository Authorities (IDAs) with emphasis on the Budapest Treaty

Microorganisms make a significant portion of biodiversity, and the growth of inventions related to microorganisms shows their importance for various industries, including biotechnology. Maintenance of microorganisms can be studied from two points of view in the framework of “conservation of genetic resources and “patent requirements”. When an invention relates to a microorganism, in some countries, such as the United States, the written description is not necessarily sufficient to disclose the invention, and a sample of the microorganism needs to be submitted to a specialized center. In fact, the deposit of microorganisms for the purposes of patent procedures has also been recognized internationally by the Budapest Treaty. In the present article, based on the documentary and library research method, while delimitation of the scope of the term “microorganism” in the Budapest Treaty, the technical and legal rules for the conservation of microorganisms and biological materials in international depository authorities have been examinated according to the Budapest Treaty. By examining the challenge of Iranian cultivation collections for acceding to the Budapest Treaty, it has been concluded that an appropriate legal protection system and completion of specialized infrastructures are the important missing links in the field of conservation of Iran's genetic resources and patenting of microorganisms.