Patent documents are technical-legal documents that contain scientific and technical details of the invention and more specifically claims to identify the scope of the invention that is sought to be protected. According to patent law, a patent application must provide detailed information relating to the invention so that a person with ordinary skill in the field related to the invention is able to 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) of the Patents 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 such material is not available to the public, the application shall be completed by depositing 42 [the material with an international depository authority under the Budapest Treaty] and satisfying the following conditions, namely:-Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Obtain an original essay, the filing of the material shall be made no later than the date of filing of the patent application in India and a reference shall be made in the specification within the prescribed period; the specification contains all the available characteristics of the material necessary for it to be correctly identified or indicated, including the name, address of the depository institution and the date and number of deposit of the material at the institution; access to the material is available from the depository institution only after the patent application date in India or if a 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. Further references relating to filing of biological material shall 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 is not already known, then shall be submitted to the International Filing Authority not later than the date of filing of the patent application in India and a reference to it shall be made in the specification within a period of three months from the date of filing of the application. The material is filed so that each complete specification fully and fully describes the invention and its operation or use and the method by which it is to be carried out and also discloses the best method for carrying out the invention. The applicant must also indicate in the specifications the origin and geographical provenance of the biological material. After making the deposit, the applicant must include in the specification the name, address of the depository institution and the date and number of the deposit of the material at the institution. Attention: this is only a sample. Request an item customization now by our expert writers. Get Custom Essay The applicant must also comply with the requirements of section 6 of the National Biodiversity Act, 2002, which makes it mandatory for the applicant to obtain permission from the National Biodiversity Authority before sealing the patent if the invention of the application patent uses biological material.
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