Enablement of newly discovered micro-organisms
If the micro-organism is not previously known (for example, a newly-identified bacterium or fungus), then it will not be possible to describe how to make such a micro-organism in words in the patent application.
In such cases, a sample of the micro-organism may need to be deposited under the ‘Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure’ with an International Depository Authority (IDA). Under this Treaty, if a sample of the microorganism is deposited with one IDA, the enablement requirement is deemed to be satisfied in all of the (approximately 80) countries that have signed the Treaty. The Treaty’s rules allow access to the deposit by third parties under defined conditions.
Using this or similar procedures, samples of new bacteria, phages, viruses, cell lines, fungi and seeds can be deposited in order to satisfy the enablement requirement.