Patenting in Biotechnology - An Overview

Abstract

One of the significant developments in the Patent Laws has been in the Biotechnology sector. With the advent of technology to modify life forms itself, it is becoming extremely difficult for law to join hands with protecting the intangible property vested in biotechnology patents. These patents have inherent tendencies to stir up debates related to ethical and moral issues. Also, many stand up to question the patent system in itself for allowing patents in life forms. The Biotechnology patents are subject to so much debate that many countries consider that these patents create problems such as restricted access and the position of the patenting of life forms is not clear to an extent as to whether it will fall into the category of an invention or discovery. These issues still continue to haunt the Biotechnology Patent Law and this paper gives an overview of the laws in the European Union, India, China, Australia, USA and the TRIPs regime itself. Also, dealt herewith are specific issues relating to patentability of life forms which need to address in context of the world scenario.