One of the key requirements for obtaining a patent is to provide a sufficiently clear and complete disclosure of the claimed invention in the patent application.[1] This enables the person of ordinary skill in the art[2] to make, reproduce or repeat the claimed invention, if necessary. Disclosure of invention primarily serves some private interests, i.e., it helps applicants to secure a patent and examiners in evaluating the patent application. The disclosure also contributes to public knowledge by making the invention available through published applications or patents. Despite its virtues, patent disclosure does not require the applicant to provide information about the source or origin of the claimed invention from where it originated or developed, which is known as ‘disclosure of origin’.[3] This lack of disclosure could cause erroneous granting of patents[4] over the genetic resources (GR)[5] and associated traditional knowledge (ATK) inventions.[6]
In this paper, by Mohammad Ataul Karim, LL.M, you will find an overview of WIPO’s new Treaty on Intellectual Property, Genetic Resources, and Traditional Knowledge: Key provisions and implications.
