Skip to main content

Patent Office Issues Notice to Streamline Disposal of Cases Relating to Biological Resources

A recent circular by the Patent Office on issues relating to biological resources and patenting may come as a reprieve for patent applicants using biological materials from India in their inventions.

Section 6(1) of The Biological Diversity Act, 2002 prohibits any person from applying for any intellectual property right in or outside India based on any research conducted on biological material obtained from India without obtaining permission from the National Biodiversity Authority (NBA) before making said application. The proviso to section 6 permits a person to apply for permission from the NBA after filing an application for a patent but before grant.

In view of said provision of The Biological Diversity Act, Controllers at the Patent Office have been raising multiple, many-a-times unwarranted, objections relating to obtaining permission from the NBA w.r.t biological material from India. Delays on the part of the NBA in granting permission stall the grant of a patent. Permissions from the NBA and pending patent grants in view of the same have therefore, long been debated between the Patent Office and the stakeholders representing the patent applicants.

Read more on Patents Rewind

Most Recent

News & Insights

VIEW ALL
Thought Leadership
Apr 12, 2025

‘First Published by Managing IP‘ By: Achuthan Sreekumar Achuthan Sreekumar of Anand and Anand draws on a recent High Court of Delhi ruling

Life and death matter? The protection of well-known personal names in India
Thought Leadership
Mar 27, 2025

‘First published on Lexology’ By: Safir Anand and Abhishek Paliwal India, one of the world’s fastest-growing economies, is on track to become a

Company Name vs. Trademark: Essential Insights for Establishing Your Business Brand in India
Thought Leadership
Mar 19, 2025

‘First published on Chambers and Partners’ By: Safir Anand and Twinky Rampal Law and Practice  1. Trade Mark and Copyright Law  1.1 Governing

Chambers Trademarks & Copyright 2025 | Law & Practice
Thought Leadership
Mar 19, 2025

‘First published on Chambers and Partners’ By: Safir Anand Introduction The landscape of intellectual property in India is undergoing a significant

Chambers Trademarks & Copyright 2025 | Trends and Developments