Page 27 - A&A Patents&Design Rewind-2016

THE EXAMINATION OF PATENT APPLICATIONS RELATING TO
VALUE ADDED PRODUCTS/NTCS (NORMALLY TRADED AS
COMMODITIES)

LEGAL POSITION AND ISSUE RECOMMENDATION

Generally, in a First Examination Report, the Though the Controllers by way of abundant caution
Controllers are unable to distinguish as to whether may raise an objection with regard to Section 6 of
the invention uses a biological resource or a value the BD Act, they should waive of such an objection
added product or NTC. Section 6 of the BD Act and proceed to grant a patent if the Applicant
applies only to biological resources and not to provides a declaration or a statement to the effect
value added products or NTCs. Further, value that the invention does not use biological resources
added products are exempted under Section 2(p) as defined under the BD Act but is only for a value
of the BD Act. Section 40 of the BD Act also added product or NTC as defined under Section 40
clearly states that the Central Government may of the BD Act.
by notification declare that the provisions of BD
Act do not apply to any item including biological
resources normally traded as a commodity.

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