European patent office, Munich granted patent for fungicidal use of neem oil, to firm of W.R. Grace & Co. It was challenged by Vandana Shiva and Ajay Phadke who has researched neem in India and it was shown that Grace & Co. had not unveiled any novelty factor in neem’s properties. Ethics include rules of conduct by which a community regulates the behaviour and decides as to which activity is lawful and which is not.
Which of the following is not a criteria of granting patent?

Options

A. Novelty
B. Utility
C. Non-obviousness
D. Prior art

Answer

D

Explanation

Patents are supposed to satisfy three criteria of novelty, non-obviousness and utility.