Meeting Enablement Requirement In Patent Applications Dealing With Biological Material – Indian Perspective

Introduction

A patent application has to meet various requirements of patentability for it to be granted. One such requirement of patentability is the enablement requirement. A patent application is said to be enabled if the application provides sufficient details that enables a person of ordinary skill in the related filed to practice the invention.

Patent applications dealing with biological inventions involving living organisms may face specific challenges in meeting the enablement requirement. In several instances, it may not be feasible to fulfil the enablement requirement by simply disclosing the details about the invention in the specification of the patent application.