Du IP Café

According to Section 3(j)  of the Patents Act, 1970: "Plants and animals in whole or any part thereof other than micro organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals are not patentable inventions" Plant breeders need to protect their genetically modified plants to compensate for the high levels of investment in developing plants with desired genotypic and/or phenotypic trait. The guidelines for examination of Biotechnology applications for patent explicitly state that transgenic/modified microorganisms which do not constitute discovery of living things occurring in nature are patentable subject matter under the Patents Act. However, the decision  ( Monsanto Technology LLC  v.  The Controller of Patents & Designs and Ors. , OA/02/2012/PT/DEL )  of the Intellectual Property Appellate Board (IPAB) on July 5, 2013, refusing Monsanto’s patent application (2407/DELNP/2

PATENTABILITY OF NUCLEIC ACID MOLECULE RELATED INVENTIONS WHOSE FUNCTIONS ARE INFERRED BASED ON HOMOLOGY SEARCH: PROBLEMS AND PERSPECTIVES Patenting of genes often incites a widespread controversy since it seems odd to patent the universal entity like a gene. According to Section 3(c) of the Indian Patents Act, 1970, mere discovery of a scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature is not a patentable invention. Manual of Patent Practice and Procedure briefly talks about gene patents with an example under the head of unity of an invention- When a genetically modified Gene Sequence/ Amino Acid Sequence is novel, involves an inventive step and has industrial application, the following can be claimed. a) Gene sequence / Amino Acid sequence b) A method of expressing above sequence c) An antibody against that protein / sequence d) A kit made from the antibody / sequence

Start Up or Wake Up..?? Taking a cue from my earlier post "Bahut Scope Hai Bhai".. So I decided to enter the world of law of which I had no clue initially and slowly the excitement of pursuing law from IIT KGP sunk as I realized the depth of it. Thought, it will be over in a matter of three years and then it will be all new world. As the time passed, the thought of doing something Hatke hit me and then I... Turned down a comfortable office job..! Another offer came in way and sat on it until it passed..! In between, the exciting and thrilling litigation career kept taunting..!  and after all this here I am..with a start up established with an objective of providing concrete platform for Intellectual Property Rights (IPR) with a special focus on protection, promotion and enforcement of Geographical Indications! It seems so easy to read the previous statement but when we actually started working towards it, I gradually woke up from my tranquil sleep and realized