This document provides an overview of patenting in biotechnology. It discusses that patents provide an important incentive for investment in biotechnology research and development. Several criteria are considered for biotechnology patents, including novelty, inventive step, and industrial applicability. Switzerland files many triadic patent applications relative to its population, demonstrating the importance of international patenting for the Swiss biotechnology industry. Traditional defensive patenting strategies are common in Switzerland. The document also discusses biodiversity-related issues, provisions of the Indian Patents Act regarding biotechnology patents, and legal procedures involved in various stages of invention and innovation.

1. REVIEW ON Patenting in
Biotechnology
SREEREMYA.SASI
ASSISTANT PROFESSOR
DEPT OF BIOTECHNOLOGY
SREE NARAYANA GURU COLLEGE,CBE

2. • Unlike a real property right that
• revolves around keeping trespassers from
• treading on land within certain boundaries,
• a patent relates to control over a discrete
• collection of acts involving the invention.

3. • CRITERIAS FOR PATENTING IN
• BIOTECHNOLOGY
• Survey participants confirm that the patent
• system is an important incentive for
• investment in research and development in
• the field of biotechnology [3].
• Patents and licenses for
• biotechnological inventions are treated
• an imperative incentive to stimulate
• research, knowledge flows and the
• entry of new technologies into markets.
•

4. • Switzerland files more triadic patent
• applications (those applications filed at
• the EPO, the USPTO and the Japanese
• Patent Office) per inhabitant than any
• other country in the world. Swiss
• biotechnology ensuring execution
• demonstrates that the Swiss
• biotechnology industry is immovably
• associated with various countries,
• especially the United States

5. • Traditional uses of patents (the
• evaluation of the state-of-the-art in a
• technological field together with a
• purely defensive patenting strategy to
• protect one’s own technology),
• dominate in Switzerland.
• As for authorizing, the study members,
• and specifically examine foundations,
• would welcome a mandatory
• permitting control in those situations
• where oppressive syndication positions
• are evident.
• Moderate problems involving DNA
• patents were identified

6. • Characteristics of a Successful Patent
• System
• It is through the use of these rights of
• exclusion that the patentee can obtain the
• monopoly profits that make create the
• incentive to invest in innovation. The
• concept of granting an exclusive right to
• practice an invention in order to encourage
• innovation certainly did not originate in
• the United States; it has a long history,
• particularly in the Western world, which
• played a strong role in informing the
• current system

7. • BIODIVERSITY RELATED ISSUES
• The Biological Diversity Act, 2002
• (hereinafter referred to as BD Act) prepare
• a mechanism for access to the genetic
• resources and benefit sharing accrued
• therefrom. Section 6 of the BD Act came
• into force on 1st July 2004, and prescribes
• that obtaining IPRs from the utilization of
• biological resources in India is subject to
• the approval of the National Biodiversity
• Authority (hereinafter referred to as NBA).

8. • PROVISIONS COVERED
• The following sections of the Patents Act,
• 1970 are emphasized in the context of
• examination of applications in
• biotechnology and allied fields:
• (i) Section 2 (1) (j): Novelty, inventive
• step and industrial applicability of
• products or processes.
• (ii) Section 3 (b): Inventions contrary to
• morality or which cause serious
• prejudice to human, animal or plant
• life or health or environment.

9. • Section 3 (C)
• Scientific Principles or Abstract Theory
• or Discovery of Living Things or Non-
• Living Substances
• According to Section 3 (c) of the Act, the
• mere discovery of a scientific principle or
• the formulation of an abstract theory or
• discovery of any living thing or non-living
• substance occurring in the nature is not a
• patentable invention. Products such as
• microorganisms, nucleic acid sequences,
• proteins, enzymes, compounds, etc., which
• are directly isolated from nature, are not
• patentable subject-matter.

10. • The legal procedures
• followed in several stages of invention and
• innovation. Patenting procedures and legal
• aspect in India and various countries are
• the major legal procedures to claim
• patenting.

11. REFERNCE
• S. Sreeremya. Ethics – Review,
• Month: January – February 2015, Int J, Novel
Res Interdiscipl Stud. 2015;2(1): 10–2p.
• Patenting in Biotechnology,Sreeremya Sasi,
International Journal of Genetic Engineering
and Recombination,Vol. 3: Issue 1