Patentability of Biotechnology in India

Abstract

Biotechnology is a culmination of human intervention and natural processes. Though the evolution of patent law on biotechnology dates back to the seventh century, the global adoption of the patent system started in Venice as the first patent law was enacted in 1494, which regarded as the foundation for the world's patent system. The trend of filing biotechnological patents in India has a steady growth as in 2008-09 the total filing was 1884, 2009-10 the total biotech application is about 2700, however, the highest filing recorded so far is 2774 in 2007. India is one of the bio-diversity rich countries, it would be prudent to protect biotechnological inventions as that would help Indian biotechnology research to compete globally. India needs to reap the due benefits from its rich bio-resources with an enabling provision for patent protection in biotechnological innovations and inventions. This paper author will discuss the biotechnology patenting activity in India, patentability of biological material and patentability of microorganism. This paper also includes case analysis which will reflect about biotech patent jurisprudence in India. At last, it includes a comparative analysis of few international provisions with India provision to get a clear understanding in the topic. I. INTRODUCTION Biotechnology comprises any technology that uses living entities, in particular animals, plant or microorganism. According to the Organization for Economic Corporation and Development (OECD) biotechnology includes any technique that uses living organism (or it's part) to make or modify product, to improve plant or animal or to develop microorganism for specific use. 3 The biotechnological inventions can be classified broadly into following (a) invention relating to an organism or material such as living entities of natural or artificial origin (animal, plants and microorganism), biological material and natural occurring substance from livings, (b) inventions relating to the process for the creation of a living organism or product of other biological material and (c) invention relating to the use of such 1 Author is a student at the University of Petroleum and Energy Studies, India. 2 Author is a student at the University of Petroleum and Energy Studies, India. 3 Patents and innovation: Trends and policy challenges. OECD, Paris, 2004 2020. International Journal of Integrate