Professional Documents
Culture Documents
ABROAD
Second Assignment
Submitted to
Prof. Gunmala Suri
On January 9, 2015
Submitted By:
Mehak Gupta
MBA IB 3rd Semester
Roll Number: 21
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Apart from novelty and inventive step criteria, the guidelines also describe another important
patentability criteria i.e. Industrial application as well. It was elaborated for industrial
application that In the context of the gene sequences, it may be said that whatever ingenuity
is involved in discovering a gene sequence, one cannot have a patent for it or a protein
encoded by it unless it is disclosed how it can be used. It is therefore necessary to consider
whether the invention claimed has a useful purpose and whether the specification identifies
any practical way of using it. Biotechnology deals with living subject matters and involves
alteration of genomic materials of organisms and hence guidelines have provided many
examples to clarify the examination in case of the inventions falls under Section 3 of the
Indian Patent Act in addition.
It can be observed on the whole that while designing the guidelines, the Indian Patent Office
has made due care and that can reflect by including issue of Sufficiency of disclosure,
Clarity and Support of the claims and unity of inventions.
Furthermore, guidelines have covered Biodiversity related issues to consider as important as
the other requirements. It is noted that to facilitate biodiversity issues, more emphasis is given
on Section 10 of the Patents Act, 1970, according to which disclosure of the source and
geographical origin of the biological material is mandatory in an application for patent when
the said material is used in the invention. In addition, a declaration by the applicant regarding
the required permission from the competent authority (NBA) in Form 1 of the Patents Rules,
2003 is made compulsory by the Indian Patent Office.
Finally, it is always noted that patenting in the field of biotechnology poses challenges to the
applicants and hence this specific guidelines provide crystal clear transparency to improve the
examination procedure will be helpful to the examiners as well to the applicants.
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