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Genetic Resources, Benefit Sharing and Disclosure of Source

Must a patent applicant disclose the source of biological material used in an invention?

Under section 10(4), the applicant also has to disclose the source and geographical origin of the biological material in the specification.

Doctrine last updated on 1 October 2026

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Genetic Resources, Benefit Sharing and Disclosure of Source, Ali on Patents, www.aop.onl/genetic-resources-disclosure

1Section 10(4) of the Patents Act requires the applicant, where a biological material is mentioned in the specification which is not described as per cll (a) and (b) of s 10(4), to deposit the biological material in any International Depository Authority (IDA) recognised under the Budapest Treaty on or before the filing of the application in order to supplement the description for sufficiency of disclosure of the invention. The applicant also has to disclose the source and geographical origin of the biological material in the specification.

Provisions and topics

Provisions

See also

Doctrine page

Deposit of Biological Material

When must a patent applicant deposit the biological material used in the invention?

Doctrine page

Traditional Knowledge as a Bar to Patenting

Can an invention based on traditional knowledge be patented in India?

Doctrine page · Written by Prof. Feroz Ali

www.aop.onl/genetic-resources-disclosure