Dear Editor,
For inventions with an affirmative declaration in column 12(III) of form 1, i.e. application for patent in India, applicants are to pledge a certain percentage of their revenue to the National Biodiversity Authority (NBA), one that is decided by the authority itself. Upon this execution, NBA sends an approval for patent filing, which is essential for the application process.
However, there is lack of information virtually at all levels on issues such as the need of NBA and the provisions of criminal prosecution upon failure to honour the agreement. This leads to an avoidable delay in the processing of patent applications developed through Indian resources, as evidenced by a sizeable number of applications pending with the status “NBA approval pending, but in order for grant (under section 43)”.
In order to clear this logjam, the Indian Patent Office (IPO) issued circular CG/office circular (P)/2017/ 451, dated 23 May 2017, where it declared that value added products defined under section 2(p), along with bio waste and synthetically prepared biological material would not come under the definition of biological resources as defined under section 2(c) of the Biological Diversity Act, 2002 (BD Act).
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