NON - OBVIOUSNESS IN BIOTECHNOLOGY INVENTIONS - AN OVERVIEW

"BIOTECHNOLOGY"is the use of biological processes, organisms, or systems to manufacture products intended to improve the quality of human life. Humans have been harnessing biology for thousands of years to make food such as bread and cheese, and medical products derived from plants. Inventors have been filing applications for biotechnology patents for over a hundred years. Biotechnology is an important industrial sector for the European economy, providing employment and growth for European society and countless useful medical and other products for its citizens. Patents are also an effective barrier to illicit copying of medicines and the health risks associated with unauthorised copycat versions. The Patent Act provides no inclusive definition of patentable subject matter, providing only a list of what is considered unpatent able. Unfortunately, these exceptions can be vague, leading sometimes to uncertainty – and this is especially true for biotechnology inventions, due to the complex nature of the technology. Innovators, investors and patent practitioners must analyse their inventions in light of Indian patent law before making any strategic decisions regarding patenting in India. Biotechnology Patent and India.Patent Act in India was enacted in 1856. It has been modified several times since then; one major amendment being in 1970 which satisfied the international norms of patentability covering novelty, inventive step and industrial application. But this version had nothing specific concerning Biotechnology invention and protection. At the same time, since the patent offices and courts in US and EU were seeing increasing number of biotech inventions and patent application, the demand for amendment of Indian Patent Act to introduce biotech patentability gained voice in India. The amendment came in 2002 to explicitly include biochemical, biotechnological and microbiological processes within the definition of potentially patentable process.