The Indian Patenting System in Microbiology

Abstract

In the present modern scientific world, patenting of the microorganisms and microbiological processes plays an important role in the field of microbiology. The study of microorganisms is known as Microbiology, in which an organism that can beviewed under the objective lens of microscopes which are not visible to our human naked eyes known as microorganisms. Microorganisms can be differentiated such as Algae, Bacteria, Fungi, Archaea, Protista, Diatoms, Protozoa, Planktons etc., The term microorganisms do not include Viruses and Prions, which are generally classified into a class of non-living materials. Microbiological processes which include microbes to perform metabolic activities under certain procedure in order to manufacture a useful product. Microorganisms with some genome level modifications can engage in many microbiological activities, such as for the production of useful fermented products like beer, bread, antibiotics, drugs and biofuels. Thus, patenting such microbes will prevent it from further studies and uses. Inthe field of microbiology patenting right gives privilege for that invention and provides a monopoly right over the product for a certain period of time, by giving the special title of right to restrict others from using and making profits from the patented microbes and its processes. India allows patenting rights to microorganisms in accordance with TRIPS agreement and the Indian Patents Act, 1970. Original forms of such microorganisms cannot be patentable. Possibility of patenting microorganisms on a specific strain and microbiological process occur only when it undergone human intervention with genetical modifications and shows the features of any novelty and industrial application. On considering those scientifically developments and commercialization of microbiological work patenting became necessary. Thus, in India approaching microbiology with legal framework regarding patenting is must. This article explores the statutory protection for microorganisms and emphasizes the awareness about patenting in microbiological studies and its applications.