The Office of Controller General of Patents, Designs and Trademarks (CGPDTM) has issued a notification informing the Applicants that the deposition of the biological material to the International Depository Authority (IDA) should be made prior to the date of filing of patent application in India and the reference of such deposition in the specification should be made within three months from the date of filing of such application, if the same is not already made.
According to the provisions of Section 10(4)(d)(ii)(A) of the Indian Patents Act, the deposition of such material in International Depository Authority (IDA) under the Budapest Treaty shall not be later than the date of filing of patent application in India. However, the reference of deposition of biological material in the patent application shall be made within three months from the date of filing of such application as per Rule 13 (8) of the Patents Rules, 2003.
However, the Patent Office found that in a number of patent applications, where the deposition of biological material to an IDA is required, either the date of deposition of such biological material is later than the date of filing of the patent application or reference of deposition of such biological material is not mentioned at all, which contravenes the provisions of the Act.
In view of the same, the CGPDTM has directed the Applicants by way of the said notice that the deposition of biological material and reference of such deposition in specification should be furnished with the prescribed time limit as provided by the Act, the non-compliance of which may lead to refusal of the concerned patent application.
The portal can be accessed from the IPO’s website at:http://www.ipindia.nic.in/iponew/publicNotice_02July2014.pdf