Invention is relevant for defence purpose or atomic energy.
However, these provisions are not applicable in relation to an invention for which application for patent protection has been first filed in a country outside India by a person resident outside India.
Does this requirement apply to all legal persons including companies?
Reply: This requirement is applicable to both natural person as well as legal entity.
Australia 20, 21, 22:
REPORT BY WTO SECRETARIAT (WT/TPR/S/249): III TRADE POLICIES AND PRACTICES BY MEASURE: (4) MEASURES AFFECTING PRODUCTION AND TRADE: (vi) Intellectual Property Rights (b) Patents
Regarding the requirements for grant of a patent, the Indian Patent Manual describes the requirement for the applicant to disclose information on biological material in the application. Section 25 of the Patents Act provides the ground of opposition that this information was not disclosed.
Which provision of the Patents Act requires the applicant to disclose this information?
Reply: Section 10(4)(d)(ii)(D) requires applicant to disclose the source and geographical origin of the biological material in the specification when used in an invention.
Which provision of the Patents Act requires the Patent Office to check for disclosure of this information?
