Abstract:

Biotechnology is not new to human being and since time immemorial it has progressed significantly in its different forms and uses. The process of producing alcohol by fermentation and isolation of antibiotics from microorganisms are the few examples of classical biotechnology. But this technology has gained significance after the revelation of the structure of the DNA molecule and thereby, laid the foundation of modern biotechnology. Biotechnology is an application of science and engineering in the direct use of living organisms in their natural and modified forms. Modern biotechnological inventions include product and/or process of gene engineering technologies, methods of producing organisms, methods of isolation of microorganisms from culture medium, methods of mutation transform ants, plasmids, process for making monoclonal bodies, etc. Though the biotechnological inventions have given tremendous benefits to the humanity yet their close association with the nature often raise issues of patentability. Besides these, there are other issues also which are associated with the biological inventions like morality and public order, environmental protection,issues relating to patenting of EST’s (Expressed Sequence Tags) of partial gene sequencing,stem cells cloning of farm animals, gene diagnostics etc. The grant of a patent to a person confers on him two sets of rights.One is the positive right to exploit and use his invention in a desired manner and other is the negative right to exclude others to use and exploit that invention. These sets of rights with their exclusive nature are a problematic concern in the area of biotechnology as it involves the living entities. This is also one of the reasons why the attempts to harmonize patent practices and laws internationally have failed e.g. there is difference of opinions in different jurisdictions regarding features of invention and discovery, that could demarcate the boundaries between the patentable and not patentable subject matter. Thus the patenting of the biological inventions in the field of biotechnology is a challenge to both the applicants for the patent and the patent offices.

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