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Microorganisms Patent Law Puzzlement: To the Point Tactics

Author(s): Palak Sangal, Ayush Madan, Sakshi Tripathi and Syed Mohsin Waheed

Microorganisms and its associated patent laws are discussed at global level and interpretations of various international gatherings mainly TRIPS, Budapest, Paris Convention are discussed. Innovative patent laws formulated after TRIPS agreement provide patenting of microorganisms for first time in various developing countries. Key provisions related to microorganism patenting of (Indian) Patent Act 1970, EPC and USPTO are also discussed. In this framework, the paper emphasizes the need of defining microorganisms at international level in reference to intellectual rights and coding unit form procedure for microorganism related certifications globally. Moreover, the paper features the deposition of culture in IDAs (International Depository Authorities) in various countries and general criteria of patentability. In an attempt to reach threshold between science and law possible pre and post objections with infringement issues are highlighted which will further help in creating awareness in scientific and legal community.

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