Biotechnology and Patent

Recently Biotechnology has become a host of exciting innovations, from new drug discovery, treatment of disease to Genetically modified organism. With such advancement, it is of no surprise that patent play a pivotal role in the industry.

What is patent?

Patent is right granted to a person by the competent authority to protect their intellectual work for a limited period of time. It provide exclusive right to an inventor and exclude others from using , selling their invention.

India has its own Patent law i.e. Indian Patent Act 1970 which is amended from time to time. The act provide rules for the grant of patent for any invention that are novel, non-obvious and capable of industrial application.

Patent in Biotechnology.

Patent in the field of Biotechnology are legal protection granted to inventions that are new and useful. Inventions can be in the field of biological process, product or organisms, DNA sequence, proteins, pharmaceutical, diagnostic methods and tools.

Patent are crucial to biotech industry as they provide incentives in the following way:

1. Encourage innovation
2. Protect investments
3. Promote competition
4. Attract investors
5. Facilitate collaborations

Types of Biotech Patent:

1. Product patent: These patent protect specific product or composition of matter present in a product.Eg: Pharmaceutical compound, New drug.
2. Process patent: A specific method or process used in-vitro for producing a product can be patented through process patent.Eg: Production of specific protein, Medical devices.
3. Plant patent: A new variety of plant developed through asexual reproduction, which is distinct, novel and is not exploited earlier can be patented.Eg: Genetically modified plant ( Bt brinjal, Flavr savar tomato)
4. Design patent: These patent protect physical appearance of an invention rather, than its functionality. In biotechnology design patent can be granted to laboratory apparatus with unique shape and configurations.
5. Gene patent: For patentability of gene, Isolation of gene is pre-requisite condition. Genes are used for gene therapy, which has huge commercial value in upcoming future.Eg: BRCA1 and BRCA2 gene associated with breast and ovarian cancer.

Conclusion:

Patent play vital role in the field of biotech industry. They provide a way to the inventor to protect their Intellectual property right and generate revenue through their invention, side by side it also encourages innovations.

There are certain concern regarding patent as they provide monopoly to access certain essential medicines which can be used to cure life threatening diseases.

As the field of biotech is evolving there is need to keep balance between benefits of patent and access to innovation.