Many inventions, particularly those that relate to biological
material include such material which is not available to the
public. The Indian Patents Act has strict rules relating to the
inclusion of description of such biological material. Section 10
prescribes that such material shall be fully and particularly
described in the specification and if there is a process using such
biological material, the operation or use of the biological
material and the method by which that process is performed needs to
be also so provided in the specification.
Further, in respect of methods and processes the Act also
requires that the applicant provides the best method of performing
the process known to the applicant. In respect of biological
material, therefore, the Act strictly requires that the description
of such biological material should be included in the specification
including all available characteristics of the material so that the
biological material is correctly identified or indicated. In
respect of biological material which is not available to the
public, the Controller General has issued a notification which
states as follows:
"According to the provisions of the Act, the deposition of
such material in an International Depository Authority (IDA) under
the Budapest Treaty shall not be later than the date of filing of
patent application in India. However, the reference of deposition
of biological material in the patent application shall be made
within three months from the date of filing of such application as
per Rule 13(8) of the Patents Rules, 2003.
In view of the above, it is hereby informed that applicants
should ensure that the deposition of the biological material to the
IDA is made prior to the date of filing of patent application in
India and the reference of such deposition in the specification is
made within three months from the date of filing of such
application, if the same is not already made.
In case of non-compliance of the above-mentioned provisions, the
concerned applications are liable to be refused under the
Therefore in respect of patent applications which include
biological material, it is important to ensure that information
should be provided in the specification itself at the time of
filing or within three months from the date of filing. National
Phase PCT Applications entering into India generally do not have
this information and therefore applicants are well advised to
include this information if not originally provided in the PCT
application within three months of the filing of the application in
India. This information can be included along with a request for
amending the specification to include this additional matter.
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
Department of Industrial Policy and Promotion recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957.
An Invention Disclosure Form is the documentation of the invention. This is a means to document particulars of your invention and submitting it to the patent attorney who is filing your patent application.
The Patents Act 1970, along with the Patents Rules 1972, came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911. The Patents Act was largely based on the recommendations of the Ayyangar Committee Report headed by Justice N. Rajagopala Ayyangar. One of the recommendations was the allowance of only process patents with regard to inventions relating to drugs, medicines, food and chemicals.
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