A guideline to patentability assessment standards for biotechnology inventions in India


This guide is meant to provide the basic information about patent protection and biotechnology inventions as well as any relevant legal framework currently existing in India. In brief, this guideline gives an overview of Biotechnology patenting in India, requirements for patentability, and the patenting procedure.

Substantive patent law in India is not fundamentally different than any patent law in other nations including Europe, China, US and Japan. Nevertheless, certain procedures must be strictly followed. The patent process in any nation, including India, is long, complex and time-consuming, and the assistance of an experienced patent attorney is advisable every step of the way.

Inventions relating to biotechnology have also been rather controversial in India. Only recently have they come to be seen as a part of the technical arts that may receive patent protection. One of the most unique features of biotechnology is its diversity. Because of its diversity and the varying characteristics of its sub fields, it is difficult to frame common patent principles or rules for biotechnology as a whole. This is the reason why the application of patent law to biotechnology is very complex.

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