BIOTECHNOLOGY PATENTING: LEGAL AND ETHICAL PERSPECTIVES

ABSTRACT
Intellectual property is an intangible property which is the creation of human
mind. Protecting intellectual property is crucial in this competitive
environment. Therefore, patents can be used to reward a researcher's
scientific efforts by protecting their intellectual property. The relationship
between humans and the environment is significantly impacted by
technological advancements. The science of using biological systems and
living things to develop novel goods or procedures is known as
biotechnology. The patent's biotechnological innovation system comprises
innovations in biology, microbiology, genetics, medicine, and agriculture.
Bioprocess-related inventions are not just found in advancements in genetic
engineering, but also incorporate substances from plants, animals, insects,
and microbes. Due to technological breakthroughs and growing economic
significance, biotechnology patenting in India has experienced tremendous
expansion and development in recent years. The purpose of this research
study is to examine the main obstacles and possibilities associated with
biotechnology patenting in India as it is today. In order to interpret the Indian
system of laws, rules, and case law, the paper will explore the international
legal framework governing biotechnology patents, looking at pertinent
conventions and treaties. Additionally, it will examine the standards for
novelty, inventiveness, and industrial applicability that are technical and
procedural criteria for biotechnology inventions to qualify for patents. With
an emphasis on the distinctions between the US and India, the study
examines the complexity of biotechnology patents. To sum up, this study
will offer a thorough examination of biotechnology patenting in India. It will
make suggestions for enhancing the patent system and encouraging creativity
in the field of biotechnology.
Keywords: Biotechnology patenting, International and legal framework,
Microorganisms, Technical and procedural requirements.