Site navigation

1. As per the Patents Act, 1970, if the applicant mentions a biological material in the specification…

Under section 10(4)(d)(ii)(A) of the Patents Act, 1970, where a specification mentions biological material not available to the public, the material must be deposited with…

Choose your answer

1. As per the Patents Act, 1970, if the applicant mentions a biological material in the specification and if such material is not available to the public then the application shall be completed by depositing the material to an International Depository Authority under the Budapest Treaty not later than the date of filing the Patent application in India and reference thereof shall be made in the specification within three months from date of filing of the application.

2. As per the Patents Act, 1970, if the applicant mentions a biological material in the specification and if it is not available to the public then he does not have to deposit the biological material to any International Depository Authority under the Budapest Treaty during the proceedings of the Patent application.

Select one answer
Answer and explanation

Correct answer A

Under section 10(4)(d)(ii)(A) of the Patents Act, 1970, where a specification mentions biological material not available to the public, the material must be deposited with an International Depository Authority under the Budapest Treaty "not later than the date of filing the patent application in India", and a reference to the deposit made in the specification within the prescribed period. Rule 13(8) of the Patents Rules, 2003 fixes that period at three months from the date of filing.

Statement 1 is therefore true, and Statement 2, which says no deposit is needed, is false.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic