Depositing biological materials for patents

If you invent and submit a micro-organism for a patent you can deposit a sample with us to:

• meet the requirements for repeatability 
• provide a full description of biological materials

The National Measurement Institute (NMI) are an international depositary authority under the Budapest Treaty. 

Deposits we accept

You can deposit the following types of biological materials with us:

• bacteria (including actinomycetes), yeasts and fungi (other than known human and animal pathogens), that can be preserved without significant change to their properties by using freezing and freeze-drying
• nucleic acid preparations and phages if you certify they pose no hazard when handled by normal laboratory procedures and you supply suitable material for preservation

Deposits we don’t accept

We don’t accept deposits of:

• animal
• plant
• algal and protozoal cultures
• cultures of viral, rickettsial and chlamydial agents
• microorganisms which we deem may require special handling and preparation for storage

We don’t accept any deposit which has a hazard categorisation higher than WHO Classification Risk Group 2. See the WHO laboratory biosafety manual to find out more.

We can refuse to accept organisms that do not comply with any of our listed conditions.

Make a deposit

To make a deposit complete the Deposit submission form [34KB PDF] [84KB DOC]. 

Submit this form to budapest.treaty@measurement.gov.au. 

Read more 

• Read the World Intellectual Property Organization’s Guide to the Deposit of Microorganisms under the Budapest Treaty
• Find out how to apply for a patent for a micro-organism through IP Australia

Contact us

• Email budapest.treaty@measurement.gov.au 
• Phone +61 3 9644 4841