Biotechnology is a field of science and this field is growing very fast in this era. The field of biotechnology is contributing the advancement in different sectors such as in the health, agriculture, and also for the environmental sustainability. The inventions related to the biotechnology have the potential to change the structure of industries by offering new solutions, new products, or new services and make the improvement in already existing industry. To improve the human life, patenting biotechnology inventions becomes important for any industry or individual so that no one can use their inventions without their permission. In this article we are going to discuss about the patenting biotechnology by highlighting the different challenges and benefits of patenting the biotechnology inventions. So let’s start this article.
What is Biotechnology?
The use of living organisms, cells, or any biological process to develop a noval product or to enhance the efficacy of existing products comes under the Biotechnology. The patent applications of biotechnology are very vast in range. It starts from medical treatments and vaccines to genetically modify the crops or make it environmental-friendly solutions like biofuels etc. This field is mixture of biology and technology. It utilizes the biological knowledge to solve the real-life problems. That is why patenting the biotechnological inventions help us to ensure that researchers and businesses can protect their intellectual property rights and help our nation to create the valuable assets for us.
Importance of Patenting Biotechnology in India
In India, the biotechnology sector is having significant growth, with many research institutes, start-ups, and companies. Everyone wants to invest in this field. Patenting these inventions play an important role in protecting such inventions and helping our nations to become the global leader in biotechnology field.
Protecting Innovation
As we know that a patent provides the inventor an exclusive right for his creation or invention. It means others cannot use, sell, make, or reproduce the same invention without the permission of the inventor. It is always beneficial for the inventor.
Encouraging Research and Development (R&D)
Different companies and research institutes are more excited to invest their time and resources into research and development when they came to know that their invention will be protected through the patents. So it is also a perfect example that you need to do the patenting biotechnology inventions.
Economic Benefits
Patenting a technology also contribute the growth of industries by promoting the technological advancement in already existing technologies or by giving the new and novel technology for industries. The biotechnology sectors supported by the patents can create new jobs in the country and can also help to improve the economy of the country.
Legal Framework Governing Biotechnology Patents in India
The laws related to the patents in India are governing by the Indian Patents Act of 1970. This Act outlines the rules and sections for patenting the inventions including the patents related to the biotechnology as well. It is very important to understand the legal framework given in this Act so that we can patent a biotechnology invention.
Patentability of Biotechnology Inventions
Not every invention is eligible for patent protection. To become an invention patentable, there is some criteria given in the Act i.e. the invention must be novel, non-obvious, and having the industrial applicability. For an example, a new method of producing insulin using genetically modified bacteria could be patentable. But at the same time, the discovery of a naturally occurring DNA sequence cannot be patentable.
Exclusions from Patentability
The Patents Act of 1970 excludes certain categories from patent protection, such as you cannot patent the plants, animals, and any biological process that occurs in nature, also discoveries of substances that already existing in the nature or existing in the natural state, such as DNA, proteins, or any microorganisms are also not comes under the definition of patent. These are non-patentable.
Amendments to the Patent Act
As we know that our Indian laws are now amended due to the World Trade Organization because the India has become the member of World Trade Organization community. These changes in the law helped our nation to harmonize the Indian patent laws with the international standards and it also make easier to protect the biotechnology inventions.
Challenges in Patenting Biotechnology in India
It is obvious that patenting biotechnology inventions offers many advantages, but there are some challenges which can be faced by the inventors while patenting their inventions. So let’s start. Knowing about the challenges in patenting biotechnology in India
Ethical Concerns
Patenting the lifeforms, genetic sequences, and any biological process can raise the ethical questions for patenting. Some of the educated people argue that living organisms should not be owned through patents while others believe that patents are necessary to increase the invention so it should be patentable.
Complexity of Patent Claims
The biotechnology inventions are often complex and it involves multiple elements which makes it difficult to draft a clear patent application and enforceable to claim anything added in the draft.
High Costs and Lengthy Process
The patent process is lengthy, which is time-consuming, and sometimes it is expensive for small companies or individual inventors. The cost involved to file a patent includes filing fees, patent agent fees, and maintenance fees for keeping the patent active for a specific period of time.
Patent Enforcement and Infringement in Biotechnology
Once the patent gets the grant certificate, it becomes important for the inventor to protect his rights by enforcing the patent against any infringer who wants to make use or sell his invention without his permission.
Patent Enforcement
If someone infringes the patent, then it is the right of the patent holder that he can file an infringement suit against that person, but it is also a lengthy process as well and also time consuming.
Infringement Issues
Biotechnology patents are complex one and proving the infringement in that patent can be difficult, so sometimes it becomes difficult for a person to prove that his invention is unique and there is infringement done by others.
Global Patenting Trends in Biotechnology and Their Impact on India
The field of biotechnology is a global industry and patenting biotechnology patents will obviously impact on Indian innovators. Our inventors must be aware of the global developments to protect their invention both in India and internationally.
WIPO’s Role
The World Intellectual Property Organization (WIPO helps the inventors to take the international patents or to protect their invention in multiple countries through the system of patent cooperation treaty. This PCT allows the inventors to file one single patent application that can be recognized by multiple countries.
Cross-Border Challenges
As we know that there are some slight changes in regulations related to different patent criteria in every country. So, what is patentable in India might not be eligible for patent protection in other countries. So, inventors must adapt to difficult legal frameworks.
Conclusion
Patenting biotechnology inventions in India is important tool for protecting the invention and encourage the research and development in the country. It also helps to drive the economic growth of our country. Although the process can be complex and expensive to file a patent related to the biotechnology, but there are lots of benefits which will help the inventors to protect their invention and once its get granted, then there are lots of benefits for the inventors and the country as well to grow their business. By understanding the legal framework, patent criteria, and other things related to the biotechnology inventions, we can say that the biotechnology field is big and whatever we are going to protect under the patents act should be patentable and the inventor must know about the criteria of patenting. Staying informed about the patent laws and recent developments in this area will obviously help the inventors to maximize the potential of his invention.