If your invention uses an Indian biological resource, you cannot get the patent granted without National Biodiversity Authority approval. The Biological Diversity Act builds a benefit-sharing gate into the patent process — and skipping it invites penalties.
Where the law comes from
The Convention on Biological Diversity (CBD) (Rio, 1992) aims to conserve biodiversity, promote its sustainable use, and ensure fair and equitable sharing of benefits from genetic resources. India gave effect to it through the Biological Diversity Act, 2002 (BDA), which “regulate[s] the use of India’s biological resources while preserving the traditional knowledge associated with them.”
The National Biodiversity Authority (NBA) regulates access to biological resources and traditional knowledge and issues the approvals.
Why NBA approval matters
- To prevent biopiracy — misappropriating India’s biological wealth;
- To ensure benefit-sharing with the local communities who conserved these resources; and
- To regulate access and promote sustainable use.
When NBA approval is required
- When foreign persons/entities access biological resources or associated knowledge from India;
- When Indian entities collaborate with foreign organisations involving biological resources; and
- For patent applications where the invention uses or is based on Indian biological resources — approval is needed before the patent is granted.
Failure to obtain approval can attract penalties and legal consequences.
What you must disclose
- A detailed description of the biological resource(s);
- their location and source;
- the intended use (research, commercial, or IP-creation);
- any associated traditional knowledge; and
- details of any collaboration with local communities/knowledge holders.
The process
- Apply to the NBA on the prescribed form (Form III for prior approval in the patent context), with full details.
- Review by the NBA for compliance — purpose of access, benefit-sharing, sustainability.
- Benefit-sharing agreement — the NBA facilitates an agreement with local communities/stakeholders (monetary compensation, research collaboration, or technology transfer).
- Approval issued once conditions are met.
Other forms include Form I (access to resources/traditional knowledge) and Form IV (third-party transfer). Fees vary by the nature of the application and whether the applicant is Indian or foreign.
Practical guidance
- Start early. Fold the NBA route into your patent timeline — approval is needed before grant, so late applications delay grant.
- Map your inputs. Identify any Indian biological resource in the invention at the drafting stage.
- Budget for benefit-sharing. It is a condition of approval, not an optional gesture.
Frequently asked questions
Do I need NBA approval for a patent using Indian biological resources? Yes. Under the Biological Diversity Act, NBA approval is required before the grant of a patent whose invention uses or is based on Indian biological resources.
When must the approval be obtained? Before the patent is granted — so initiate the process early in the patent timeline.
What is benefit-sharing? An NBA-facilitated agreement to share benefits (money, research collaboration, or technology transfer) with the communities that conserved the resource.
What happens if I skip NBA approval? It can attract penalties and legal consequences, and the patent will not be granted.
Useful official resources
- The Biological Diversity Act, 2002
- National Biodiversity Authority