An Analysis on Patentability of Biotechnological Invention in India

Jahnavi Deshpande
CMR School of Legal Studies, Bangalore, India

Volume II – Issue II

Intellectual property is an intangible property which is created by the human mind. In this competitive world it is very important to protect intellectual property. So, a researcher’s scientific endeavors can be rewarded with patents for protecting their intellectual property. Man uses the science and technology as an instrument of development. The progress in biotechnology has profound implications on the relationship between humans and the environment. Biotechnology is the science where biological systems and living organisms are used to create new products or processes. Biotechnology will substantially shape drug discovery, delivery, diagnostic methodology, clinical trials, and to a large extent the major lifestyle of human society once the availability of the human genomes traced. The biotechnological invention in the patent system includes biological, microbiological, genetics, medical and agricultural inventions. Inventions relating to biological processes are not limited to developments in genetic engineering but also include compounds derived from microorganisms, plants, insects, and animals. Article 27 of the Trade Related Aspects of Intellectual Property (TRIPs) agreement covers the patenting of living organisms and living processes. TRIPs is an international agreement administered by the World Trade Organization that determines minimum standards of Intellectual Property regulations applicable to member countries of world trade organization. In India, patentability of the invention is covered by Indian Patent Act 1970. At the beginning it had nothing specific addressing the biotechnology inventions and protection but later by witnessing massive increase in the biotechnology invention and application for the Patent, the demand to amend and introduce patentability of biotechnology gained voice in India which resulted in alteration of section 3(j) of the Patent Act.   The researcher in this paper mainly focusing upon the criteria for patenting, subject matter of the patents and ethical issues involved in patentability of biotechnological inventions.

Keywords: Intellectual property, Patents, Invention, Biotechnology, Micro-organisms, Ethics


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