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4 January, 08:11

Which of the following is NOT a valid condition for denying a patent application? Select one:

a. The "invention" sought to be patented is actually a living creature.

b. The invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country.

c. The inventor has abandoned the invention.

d. He did not himself invent the subject matter sought to be patented

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  1. 4 January, 08:35
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    The answer is a. The "invention" sought to be patented is actually a living creature.

    Explanation:

    That is the answer. Because by the law, you actually "CAN" patent a living creature or an organism that you invented and that does not exist naturally.

    So, a patent application CAN NOT be denied on the grounds that the invention is a living thing.

    However, if a plant or any organism exists in nature and has reproduced, then it cannot be patented. Because then it has become a natural occurrence. This is a stern limitation and a criteria put on patents for living organisms.

    Patenting living organism such as anti bacteria and bacteria is common in pharmaceutical industry while patenting unique seed types are common in agricultural sector.
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