Complications in Patenting Biotechnology

  • Vidit Divya Kumat
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  • Vidit Divya Kumat

    Advocate with the Bar Council of Maharashtra & Goa, India

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Abstract

Biotechnology is a unique science which deals with the modification of natural processes and living organisms. The intellectual property rights regime, around the world has transformed through the growth of research and development undertaken in the field of biotechnology. Ever since the US Supreme Court granted patent rights to a genetically engineered micro-organism, the field of biotechnology has gained mammoth significance. Further, patents have been granted to genetically engineered plants and human genetic material. With such enormous growth of research in this field, several revolutionary and innovative trends have been adopted in the recent times, which has resulted in new found challenges for authorities granting patents. The nature of the field prevents the application of an individual generic patent model for the varied classes of biotechnology. This paper will examine and analyse the effectiveness and complexities of patenting biotechnology inventions and existing lacunae in the law.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 1, Page 2157 - 2165

DOI: https://doij.org/10.10000/IJLMH.114281

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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