Ali on Patents

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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.

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Provisions

Doctrine page · Written by Prof. Feroz Ali

www.aop.onl/genetic-resources-disclosure