With regard to the English language Patents Act accessed online from the Indian IP office website (http://ipindia.nic.in/ipr/patent/patent_2005.pdf) – could India please explain the reason for the difference in words used in Art. 25(1)(j) and 25(2)(j) (i.e. 'Source or geographical origin' compared with 'source and geographical origin')?
Reply: The provisions of section 25(1)(j) and 25(2)(j) are to be read with provisions of section 10(4)(d)(ii)(D) which requires the disclosure of the source and geographical origin of the biological material in the specification. Hence, the word W "or" in section 25(1)(j) shall have to be read as "and". There appears to be a typographical error in section 25(1)(j).
Australia 23:
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
We note in paragraph 254, page 114 of the Secretariat report that patent rights accrue from the date of publication of the patent application, which is within one month after completion of 18 months of its filing or earlier, if requested by the applicant.
Could India clarify whether patent rights accrue from the filing/priority date or from the date of publication (paragraphs 254 and 255, page 114 of the Secretariat report refer)?
Reply: It may be noted that the term of patent starts from the date of filing of the application. However, in case of application filed under Patent Cooperation Treaty, the term of patent shall be reckoned from International filing date accorded under PCT.
