PATENTING OF BIOTECHNOLOGICAL INNOVATION: ITS CHALLENGES TO ACCORD PATENTABILITY

Innovation, when induced with human labour, skill, knowledge, and judgement, forms a fragment of Manmade Invention, which gives him exclusive right to reap the benefits either by claiming reward by its very nature on the product or the manufacturing process. The reward for innovation is granted using Intellectual Property Rights, which gives the inventor a monopoly in the market for a limited period. One such Intellectual Property Right includes a Patent granted if the invention is novel, non-obvious and has an Industrial application. Patents are generally granted to non-living beings, so there is no conflict with the laws of nature. Involvement of the product of nature-focused the study to analyses the scope and evolution of patency on Manmade invention to protect and safeguard the invention from beings exploited by human beings and living organisms from being exploited by the innovators. The disparity arose when patentability rights were offered to biotechnological innovation involving living organisms without considering the Ethical, Legal, Moral, Social and Political grounds which form the basis of this research. It is a multidisciplinary field highlighting the transformation from traditional methods to modern biotechnology techniques. This article highlights the concept of Biotechnology and patents, its evolution, challenges faced by the inventor and reasonable suggestions to accord patentability.