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  • Essay / Regulatory authorities governing biological resources used in inventions in India

    Patent documents are technical-legal documents which contain scientific and technical details about the invention and more specifically claims aimed at identifying the scope of the invention for which protection is sought. According to the Patent Act, a patent application must disclose detailed information regarding the invention so that a person possessing normal skill in the field related to the invention can carry out the invention. Patent applications relating to biological material under the (Indian) Patents Act, 1970 are subject to the provisions set out in Section 10(4)(ii) of the Patents Act, 1970 and Rule 13 (8) patent rules. 2003 which states that if the applicant mentions in the specification biological material which cannot be described in such a way as to satisfy clauses (a) and (b), and if this material is not accessible to the public, the application must be completed by depositing 42 [the material with an international depositary authority under the Budapest Treaty] and fulfilling the following conditions, namely: -Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Obtain an original essay, filing of material must be made on or before the date of filing of the patent application in India and reference to the same must be made in the specification within the prescribed period; all available characteristics of the material necessary for its correct identification or indication are included in the specifications including the name, address of the deposit establishment as well as the date and number of deposit of the material with the establishment; access to the material is only available from the depository institution after the patent application date in India or if priority is claimed after the priority date; disclose the source and geographic origin of the biological material in the specification, when used in an invention. Other references regarding the deposit of biological material should be mentioned in Form 1 (the Second Schedule of the Patent Rules, 2003) and Section 6 of the National Biodiversity Act, 2002. If the invention uses biological material and it is not already known, then it must be submitted to the international depositary authority on or before the date of filing of the patent application in India and a reference thereto must be made in the specification within three months from the date of filing of the application. The material is filed such that each complete description fully and particularly describes the invention, its operation or use and the method by which it is to be made and also discloses the best method of carrying out the invention. The applicant must also disclose in the specifications the source and geographical origin of the biological material. Once the deposit has been made, the applicant must include in the specifications the name, address of the depository institution as well as the date and number of deposit of the material with the institution. Keep in mind: this is just a sample. Get a custom paper now from our expert writers.Get a custom essay The applicant must also fulfill the requirements of section 6 of the National Biodiversity Act, 2002, which requires the applicant to obtain permission from the National Authority of biodiversity before sealing the patent if the invention of the patent application uses the biological material.