Patentability of Biotechnological Inventions

Author : Bidhan Chandra Patra

The world has progressed materially at a very fast rate, particularly after Second World War. Due to rapid industrialisation, new horizons of growth and development have opened up. The whole human race is engaged in gathering wealth. The traditional knowledge of property which is concerned with the tangible property, i.e., corporeal property, has expanded into a new horizon, known as intellectual property, i.e., intangible property.
Intellectual Property Rights are divided into two main categories: Industrial Property Rights, which include Patents, Utility Models, Trade Marks, Industrial Designs, Trade Secrets, New Varieties of Plant and Geographical Indications, and Copyrights and Related Rights, which relate to literary and artistic works. However, Patents can be considered to be the most important Intellectual Property Rights as far as inventions for industrial development are concerned.
The concept of patent is not new. However, there was no uniformity in the provisions of patent law relating to various products and processes in different parts of the world. It is for the first time that the TRIPS Agreement has put in place a uniform standard for patenting of products, processes and living organisms. The signatory countries have accordingly made several amendments to make their patent laws consistent with the provisions of the TRIPS Agreement. Therefore, after coming into effect of TRIPS Agreement, the standard of patenting processes, products and living organisms etc. has been streamlined all over the world.