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
Life Sciences Intellectual Property Review (LSIPR) tracks the increasing challenges for intellectual property specialists in the rapidly evolving world of life sciences. From gene patents to stem cell research, we provide the very best news and analysis.
To continue reading this article and to access 4,500+ articles, our digital magazines and special reports published for LSIPR subscribers only then you will need a subscription.
If you are already subscribed please login.
Official LSIPR subscribers include:
Allen & Overy
Arnold & Siedsma
Birch, Stewart, Kolasch & Birch LLP (BSKB)
Carpmaels & Ransford
Cooley
European Patent Office
Finnegan LLP
GH Research
Gowling WLG
George Washington Law School
HGF Limited
IQVIA
Kirkland & Ellis International LLP
Marks & Clerk
Mintz Levin
NiKang Therapeutics Inc.
Powell Gilbert LLP
Procopio, Cory, Hargreaves & Savitch LLP
Taylor Wessing
The United States Patent and Trademark Office (USPTO)
Valea AB
World Intellectual Property Office
For multi-user price options, or to check if your company has an existing subscription we can add you into for FREE, please contact Atif at achoudhury@newtonmedia.co.
If you have any technical issues please email tech support.
IPAB; patent eligibility; US Supreme Court; Monsanto
