Biotech industry to US Trade Rep - onerous biotech written description requirements warrant keeping India on the Priority Watch List

According to this article, the Biotechnology Industry Association (a separate group from BIO?) has asked the United States Trade Representative to keep India on its Priority Watch List. The stated reasons for the request are specifically tailored to the onerous written description requirements for biotechnology-related patent applications under Indian patent law:

“Each patent applicant is responsible for tracing the “history” of all naturally-derived biological materials contributing to the invention, even if the applicant obtained the material from a commercial supplier and the material has been available from secondary sources for decades. The failure to identify the geographical source of a biological material used in the invention may be the basis for opposition or revocation proceedings. Such requirements pose unacceptable risks for patent applicants and would undermine the incentives of the patent system to promote innovation in biotechnological inventions,” the BIA said.

The “Priority Watch List” is maintained by the USTR under the Special 301 provisions of the Trade Act of 1974. According to the USTR:

“Placement of a trading partner on the Priority Watch List or Watch List indicates that particular problems exist in that country with respect to IPR protection, enforcement, or market access for persons relying on intellectual property. Countries placed on the Priority Watch List are the focus of increased bilateral attention concerning the problem areas.” [.pdf]

The request is designed to keep India on the Priority Watch list. The country is currently on the latest working version of the List. [.pdf]