Along with patent filing & related activities we also support other activities such as seed export/import and facilitate National Biodiversity Authority approval
Export/Import Permission: The export/import of seeds and planting material is governed by the Export and Import (EXIM) Policy 2002-07 and amendment made therein. An EXIM Committee was constituted in the Seeds Division to deal with application for exports/imports of seeds and planting materials in accordance with the New Policy on Seed Development and EXIM Regulations. The Committee meets every month, subject to tendency of proposals for import/export of seeds and planting material, and analyzes applications and furnishes recommendations for issuing of otherwise of the license for import/export of seeds and planting material. Exporters/importers are required to submit 20 copies of applications for export/import in the prescribed formats.
We are experienced to carry out this process and will procure approval from government of India for export/import of seeds, research material, to assist your business
National Biodiversity Authority (NBA): The National Biodiversity Authority (NBA) is a Statutory body and that performs facilitative, regulatory and advisory function for Government of India on issue of Conservation, sustainable use of biological resource and fair equitable sharing of benefits of use. NBA is mandated to regulate access to biological resources and or associated knowledge for research, bio-survey and bio-utilization, commercial utilization, obtaining Intellectual Property Rights, transfer of results of research and transfer of accessed biological resources. IN PTO has introduced section 10(4)(ii)(D) in 2005 to complement the Biological Diversity Act 2002, which aims to protect sovereign rights over genetic resources and requires prior approval from NBA before applying for a patent for inventions that use biological material from India. It mandates the disclosure of the source and geographical origin of biological material whenever these are mentioned in a patent specification, but not sufficiently described in it or made available to the public. A declaration in the patent application form stating that “the invention as disclosed in the specification uses biological material from India and the necessary permission from the competent authority shall be submitted before the grant of patent” is a supplementary requirement.
We facilitate approval from NBA for our customers that relates to use of Indian biological resources and in some cases provide a convincing explanation to the Patent Examiner why this is exempt despite its use by citing relevant provisions of the BD Act, 2002 and related Guidelines. This avoids unnecessary delays in grant of the Patent