Access and Benefit Sharing: Special Disclosure Requirements in Patent Applications

Proposals have been advanced at the national level, within the Convention on Biological Diversity (CBD), and within forums of the World Intellectual Property Organization (WIPO) and in the World Trade Organization’s Council on Trade Related Aspects of Intellectual Property (TRIPS), regarding special disclosure requirements in patents that disclose inventions related to the use of genetic materials. These proposals are largely aimed at enlisting the patenting process to encourage compliance with CBD provisions in the arena of access and benefit sharing. The proposals include mandatory disclosure of “Country of Origin/Source” and proof of “Prior Informed Consent” as conditions of patentability.