IP protected invention in the
Field of Biotechnology

Karan veer singh
Micro organisms
Following forms of Micro organisms can be
patented under Indian system of patenting
–
–
–
–

Isolated
Muta...
Recombinant Micro-Organism
Genomic
DNA

Vector DNA

Process and Product
Patentable

Ligate

Recombinant clone in plasmid v...
Plant Processes
Patentable Inventions
• Processes involving plants to
increase the yield
• Genetic transformation
• Tissue...
Gene Patents
Useful Product
• Claims
• DNA of specific function/nucleotide sequence
• Protein/Polypeptide from DNA sequenc...
Application of DNA sequences in
relation to patent claims
• Diagnostic testing
• Research tools

-BRCA1
-CCR5 Receptor
-MS...
Gene Patent
• Human/Animal genes can be patentable if
they can be distinguished from genes as they
naturally occur in huma...
Application of Patents to DNA Sequences
• As long as form in which DNA sequence is
claimed would not exist in nature witho...
Process vs. Product
• Patents may be issued over DNA
sequences, on ways of making DNA
sequences, or on ways of using DNA
s...
Research Exemptions
• Exception to Infringement- Sec. 47 (3)
• Inventions may be used without fear of
infringement for
– R...
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Ip protected invention in the field of biotechnology

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Intellectual rights and protection of invention in the field of biotechnology, animal sciences

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Ip protected invention in the field of biotechnology

  1. 1. IP protected invention in the Field of Biotechnology Karan veer singh
  2. 2. Micro organisms Following forms of Micro organisms can be patented under Indian system of patenting – – – – Isolated Mutated Adapted Recombinant • Mandatory deposition of the micro organism in an IDA • Source and geographical origin to be disclosed
  3. 3. Recombinant Micro-Organism Genomic DNA Vector DNA Process and Product Patentable Ligate Recombinant clone in plasmid vector Protein product Patentable Micro-organism, variants Patentable Products -Human insulin -Immunoglobulin -vaccine -Blood clotting factor -Bt-toxin
  4. 4. Plant Processes Patentable Inventions • Processes involving plants to increase the yield • Genetic transformation • Tissue culture methods • Micro-propagation • Somatic embryogenesis
  5. 5. Gene Patents Useful Product • Claims • DNA of specific function/nucleotide sequence • Protein/Polypeptide from DNA sequence (if novel) • Recombinant plasmid (vector) • GM Organism containing the plasmid • A process for the production of the product
  6. 6. Application of DNA sequences in relation to patent claims • Diagnostic testing • Research tools -BRCA1 -CCR5 Receptor -MSP 1 Antigen • Gene Therapy -Cystic fibrosis -Various cancers • Production of proteins -Human Insulin -Epo
  7. 7. Gene Patent • Human/Animal genes can be patentable if they can be distinguished from genes as they naturally occur in human / animal bodiesnaturally occurring genes cannot be patented • First gene patent was for cystic fibrosis gene (US 5,776,677) • Not patentable in India at present.
  8. 8. Application of Patents to DNA Sequences • As long as form in which DNA sequence is claimed would not exist in nature without human intervention, sequence may be subject of a patent claim Examples • DNA sequence in isolated form • DNA sequence together with another sequence • DNA sequence that does not exist in nature even if close to it
  9. 9. Process vs. Product • Patents may be issued over DNA sequences, on ways of making DNA sequences, or on ways of using DNA sequences • A patent on the DNA sequence itself prevents all others from making, using, selling or importing that DNA sequence for any industrial purpose
  10. 10. Research Exemptions • Exception to Infringement- Sec. 47 (3) • Inventions may be used without fear of infringement for – Research – Experiments – Education and training

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