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Disclosure requirements in the application process is laid down in Section 8 b: If an invention concerns or uses biological material or traditional knowledge, the patent application shall include information on the country from which the inventor collected or received the material or the knowledge (the providing country). If it follows from the national law in the providing country that access to biological material or use of traditional knowledge shall be subject to prior consent, the application shall state whether such consent has been obtained. If the providing country is not the same as the country of origin of the biological material or the traditional knowledge, the application shall also state the country of origin. The country of origin means for biological material the country from which the material was collected from its natural environment and for traditional knowledge the country in which the knowledge was developed. If the national law in the country of origin requires that access to biological material or use of traditional knowledge shall be subject to prior consent, the application shall state whether such consent has been obtained. If the information set out in this subsection is not known, the applicant shall state that. The duty to disclose information concerning biological material under the first and second paragraphs applies even where the inventor has altered the structure of the received material. The duty to disclose information does not apply to biological material derived from the human body. When the biological material is aquired in accordance with Art. 12 No. 2 and 3 of the International Treaty on Plant Genetic Resources for Food and Agriculture of November, 3, 2001, a copy of a standard material transfer agreement according to Art 12.4 of the Treaty shall accompany the patent application instead of the information mentioned in paragraphs two and three. Breach of the duty to disclose information is subject to penalty in accordance with the General Civil Penal Code § 221.
The duty to disclose information is without prejudice to the processing of patent applications or the validity of rights arising from granted patents.
- Lovdata website [ Norwegian ]
- Patents Authority website [ English ]
Competent National Authority:Royal Norwegian Ministry of Climate and Environment ()Kongens gate 20Oslo,
Postboks 8013 Dep 0030 Oslo, NorwayPhone: + 47 91 34 74 61,Fax: +47 22 24 95 60,Email: postmottak@kld.dep.no,
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