JacobSt / Shutterstock.com
A recent decision from the IPAB on the patent eligibility of biological processes could change the biotech playing field in India, say Swarup Kumar and Shivaarti Bajaj.
Commenting on the US Supreme Court’s historic decision Diamond v Chakrabarty, 447 US 303 (1980), which permitted the patenting of life forms, Justice Warren Burger said: “No one will be able to deter the scientific mind from probing into the unknown any more than Canute could command the tides”. Probing into the unknown and the possibility of patenting one’s invention is what has catalysed scientific advancement in all fields of technology.
Nonetheless, the grant of patents in one of the most demanding fields—for life forms, biological materials and biological processes—continues to cause apprehension in view of the associated ethical, moral and political sensitivities.
Oncomouse case
To continue reading this article and to access our full archive, digital magazines and special reports you will need a subscription.
Start a subscription today to access the LSIPR website
If you have already subscribed please login.
For multi-user price options, or to check if your company has an existing subscription we can add you into, please email Atif at achoudhury@newtonmedia.co.uk
If you have any technical issues please email tech support.
For access to the complete website and archive choose '12 MONTH SUBSCRIPTION'. For a free, two-week trial select ‘TWO WEEK FREE TRIAL’.
IPAB; patent eligibility; US Supreme Court; Monsanto
