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CS Professional · Intellectual Property Rights - Law and Practice · Role of International Institutions

Sahyadri Enzymes Ltd has developed a novel bacterial strain and wishes to file a patent application in India whose claims depend on the strain. The strain cannot be adequately described in words. Which step, linked to the Budapest Treaty, best meets the disclosure requirement?

The company should deposit the strain with a Budapest Treaty International Depositary Authority before filing and cite the deposit in the specification. This supports sufficient disclosure for a microorganism that cannot be described in words, and the deposit is recognised across contracting states.

  1. ADeposit the strain with an International Depositary Authority recognised under the Budapest Treaty before filing, and refer to the deposit in the specificationCorrect
  2. BKeep the strain secretly with the company and describe only its uses
  3. CDeposit the strain with any private laboratory in India and file a declaration
  4. DDeposit the strain only after the patent is granted

Explanation

The Budapest Treaty recognises a single deposit with an International Depositary Authority for patent procedure purposes in all contracting states. Deposit before filing and reference in the specification supports sufficiency of disclosure. A private laboratory or a post-grant deposit does not satisfy this.

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