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Requirement of Patent Applications - Before a patent can be issued, following specific conditions must be, met :

(i) the invention must be new, (novelty) and should have utility;

(ii) it must be inventive (which means it Should not be obvious but should represent a real advance made through the insight of the inventor);

(iii) it must be disclosed (disclosure) in a way, which enables a person of normal skill to reproduce it;

(iv) the scope of protection to be granted II must be in proportion to the invention;

(v) it must relate to a technology, where patents are permitted (patentable).

The application of these conditions can vary to some extent in different countries. A fundamental requirement of patent law, thus is that in the application, the inventor should describe fully the invention. If the organism is already known and only discovery of a new property is the subject of patent, the microorganisms need not be described and can be simply named.

However, if the organism is modified, it needs to be fully described including the method involved in modification. Since, the disclosure in such cases may sometimes be difficult and incomplete, a provision for culture collection has been made in the patent laws of many countries.

The applicant needs to deposit (prior to application for patent) a sample of the material with an officially approved culture collection, which is equipped to store and handle it. The deposit of material serves the following important functions :

(i) it provides a reference material for any dispute about its novelty, or when a third party is using it without a licence from the patentee;

(ii) the deposited material provides for a source to enable others to use it, when they are legally free to do so (i.e. when the patent expires at the end of normal term).