Indian patent office recently released guidelines for processing of patent applications relating to traditional knowledge & biological materials. The guidelines start by detailing various provisions of the patent act associated with traditional knowledge. It goes on to emphasize the importance of seeking approval from the national biodiversity authority before making any patent application and also disclosing the source and geographical origin of biological material used. The guidelines also mandate a declaration on Form-1 that the necessary permission from the competent authority should be submitted before patent grant. Furthermore, the guidelines also specify that traditional knowledge related applications should be appropriately screened by examiner in accordance with International patent classification. The guidelines also specify several guiding principles for examination of traditional knowledge applications which redefine standards of substantive patent laws.
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Guidelines for processing of patent applications relating to the traditional knowledge & biological materials issued by IPO
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