On May 13–24, 2024, the World Intellectual Property Organization (WIPO) held a diplomatic conference in Geneva, Switzerland, to conclude negotiations on an international legal instrument relating to intellectual property (IP), genetic resources (GRs) and traditional knowledge (ATK) associated with GRs. The United States Patent and Trademark Office (USPTO) leads the U.S. delegation at WIPO, and represented the United States at the diplomatic conference. At the conclusion of the conference, on May 24, 2024, WIPO member states adopted the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge.
Overview of the treaty
Article 3 of the treaty mandates that patent applicants disclose the origin or source of a GR, or ATK provided by Indigenous Peoples or local communities, in certain circumstances. In particular, the disclosure requirement is triggered where a claimed invention is “based on” a GR or ATK, which requires satisfaction of a two-part test: (1) the GR or ATK “must have been necessary for the claimed invention” and (2) “the claimed invention must depend on the specific properties of” the GR or ATK.
Among its 22 articles, the treaty covers several other topics, including treaty objectives, definitions, exceptions and limitations, non-retroactivity, sanctions and remedies for noncompliance, relationship with other international agreements, and review and potential revision of the treaty’s text. For additional context, WIPO published an Informal Summary of the treaty.
The treaty is open for signature for one year after its adoption (i.e., up to May 23, 2025). The act of signing does not make a Member State a party to the treaty (i.e., bound by it). Rather, signing is an optional step that qualifies the signatory Member State to proceed to ratification, acceptance, or approval. Signing also creates an obligation for the Member State to refrain from acts that would defeat the object and purpose of the treaty.
To become a party to the treaty, a Member State must undertake a separate step of ratification or accession. According to WIPO, as of December 5, 2024, only one Member State, Malawi, had ratified or acceded to the treaty.
The treaty will enter into force three months after it is ratified or acceded to by 15 eligible parties. Thereafter, the treaty’s provisions will apply in any Member State of WIPO that is or subsequently becomes a Contracting Party to it. This means, for example, that the treaty’s required disclosure of the origin or source of GRs and ATK will apply to all patent applicants who file an application in a Contracting Party’s jurisdiction, including those applicants who come from countries that have not ratified or acceded to the treaty.
Additional information on the Treaty is available on WIPO’s website.
Past comments from the public
On October 24, 2023, the USPTO published a Federal Register Notice soliciting comments from the public on GR and ATK-related issues, including on the latest text of the draft instrument heading into the May 2024 diplomatic conference. The deadline for comments was January 22, 2024. The comments received helped inform positions taken by the United States at the diplomatic conference.
Current comment period and upcoming hearing on the treaty
On January 17, 2025, the USPTO published a Federal Register Notice soliciting comments from the public on whether the United States should sign and implement the treaty and any impacts of taking such actions. Detailed information on the treaty and how to submit a comment is available in the Federal Register Notice. Written comments must be received by March 18, 2025.
The USPTO will also hold a hybrid hearing on this matter at USPTO headquarters in Alexandria, Virginia, starting on April 29, 2025. Anyone can attend the hearing, but those wishing to testify must submit a request no later than April 22, 2025, to Michael Buckler at michael.buckler@uspto.gov. Additional details about the hearing, including required elements of a request to testify, are in the Federal Register Notice.
Additional information on the treaty
- WIPO website for the Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge
- Full text of the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge
- Informal Summary of the WIPO Treaty on Intellectual Property, Genetic Resources, and Associated Traditional Knowledge