This document discusses various types of intellectual property including patents, trademarks, copyrights, industrial designs, and trade secrets. It provides examples and requirements for each type of intellectual property. Key points include:
- Patents protect inventions and provide exclusive rights for a limited time. Requirements include novelty, inventiveness, and industrial application.
- Trademarks protect unique identifiers and brands. They must be distinctive and not descriptive.
- Copyright protects original creative works like books and art. It does not require registration.
- Trade secrets protect confidential business information and formulas by keeping them secret. They provide indefinite protection without registration.
Patent in Living Organism (Speaking Roses International v. Controller General...Abhinandan Ray
According to Section 3 (j) of Indian Patent Act, 1970 plants and animals can't be a subject matter of patent in India and this case is related to this section.
CRITERIAS FOR PATENTING IN
BIOTECHNOLOGY
Survey participants confirm that the patent
system is an important incentive for
investment in research and development in
the field of biotechnology [3].
Patents and licenses for
biotechnological inventions are treated
an imperative incentive to stimulate
research, knowledge flows and the
entry of new technologies into markets.
Patent in Living Organism (Speaking Roses International v. Controller General...Abhinandan Ray
According to Section 3 (j) of Indian Patent Act, 1970 plants and animals can't be a subject matter of patent in India and this case is related to this section.
CRITERIAS FOR PATENTING IN
BIOTECHNOLOGY
Survey participants confirm that the patent
system is an important incentive for
investment in research and development in
the field of biotechnology [3].
Patents and licenses for
biotechnological inventions are treated
an imperative incentive to stimulate
research, knowledge flows and the
entry of new technologies into markets.
Intellectual Property Rights Protection in Food Industry: An Indian Perspective Workshop was conducted on March 21, 2016 at Better Process Control School (USFDA). The venue for the workshop was Bhaskaracharya College of Applied Sciences (BCAS), University of Delhi.
Currently, a lot research and development is taking place in food based industries in India. Indian food manufacturers produce hundreds of different varieties of vacuum packed ready-to-eat dinner entrees that are imported into the United States. Before 2011, no in-country Better Process Control School (BPCS) was available for the Indian food based manufacturers. Currently, Better Process Control School (BPCS) is being managed by Bhaskaracharya College of Applied Sciences (BCAS), University of Delhi.
Nevertheless, the importance of intellectual property right protection for food based industry is very important. The agenda of the intellectual property based presentation was to ensure that Indian Market players are able to compete well with MNCs in Global Marketplace.
Intellectual property Right (IPR) - PatentParimal KOWTAL
A PATENT is a legal document granting exclusive right to the holder about the control for the use of invention by the concerned government where the patent application is filed. The claims of the patent set forth the details of the invention. The holder enjoys the right by forbidding any misuse of the invention in any form without the authorization of the holder. The patent grant is valid for a specific geographical location or region and is valid for a limited time frame.
Creating or discovering a new life form by the use of genetic engineering sounds interesting.. but is it actually possible to patent life forms?
Watch out to know.
Training slides for a PCAARRD-organized training on Invention Spotting, Patent Search, Documentation and Interpretation, 18 December 2012. Special thanks to fellow Patent Agent Mr. Noel A. Catibog, Dr. Melvin B. Carlos, and Exec. Director Patricio S. Faylon, for the invitation.
PATENTING AND REGULATORY REQUIREMENTS OF NATURAL PRODUCTS
PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001
BIOPROSPECTING AND BIOPIRACY
PATENTING ASPECTS OF TRADITIONAL KNOWLEDGE AND NATURAL PRODUCTS. CASE STUDY OF
CURCUMA & NEEM
Validation: Validation is a documented program that provides high degree of assurance that a specific process, method or system consistently produces a result meeting pre-determined acceptance criteria.
Intellectual Property Rights Protection in Food Industry: An Indian Perspective Workshop was conducted on March 21, 2016 at Better Process Control School (USFDA). The venue for the workshop was Bhaskaracharya College of Applied Sciences (BCAS), University of Delhi.
Currently, a lot research and development is taking place in food based industries in India. Indian food manufacturers produce hundreds of different varieties of vacuum packed ready-to-eat dinner entrees that are imported into the United States. Before 2011, no in-country Better Process Control School (BPCS) was available for the Indian food based manufacturers. Currently, Better Process Control School (BPCS) is being managed by Bhaskaracharya College of Applied Sciences (BCAS), University of Delhi.
Nevertheless, the importance of intellectual property right protection for food based industry is very important. The agenda of the intellectual property based presentation was to ensure that Indian Market players are able to compete well with MNCs in Global Marketplace.
Intellectual property Right (IPR) - PatentParimal KOWTAL
A PATENT is a legal document granting exclusive right to the holder about the control for the use of invention by the concerned government where the patent application is filed. The claims of the patent set forth the details of the invention. The holder enjoys the right by forbidding any misuse of the invention in any form without the authorization of the holder. The patent grant is valid for a specific geographical location or region and is valid for a limited time frame.
Creating or discovering a new life form by the use of genetic engineering sounds interesting.. but is it actually possible to patent life forms?
Watch out to know.
Training slides for a PCAARRD-organized training on Invention Spotting, Patent Search, Documentation and Interpretation, 18 December 2012. Special thanks to fellow Patent Agent Mr. Noel A. Catibog, Dr. Melvin B. Carlos, and Exec. Director Patricio S. Faylon, for the invitation.
PATENTING AND REGULATORY REQUIREMENTS OF NATURAL PRODUCTS
PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001
BIOPROSPECTING AND BIOPIRACY
PATENTING ASPECTS OF TRADITIONAL KNOWLEDGE AND NATURAL PRODUCTS. CASE STUDY OF
CURCUMA & NEEM
Validation: Validation is a documented program that provides high degree of assurance that a specific process, method or system consistently produces a result meeting pre-determined acceptance criteria.
The following presentation is only for quick reference. I would advise you to read the theoretical aspects of the respective topic and then use this presentation for your last minute revision. I hope it helps you..!!
Regulatory aspect of pharmaceutical change control systemDeveshDRA
CHANGE CONTROL,BENEFITS OF CHANGE CONTROL SYSTEM,MANAGEMENT OF CHANGE AND CONTINUOUS IMPROVEMENT(Prepare a Change Proposal,Classify & Approve Proposed Changes,Develop an Implementation Plan, Install the Change,Verify Installation,Close out the change
) FLOW CHART OF CHANGE MANAGEMENT,HANDLING AND CONTROLLING CHANGES,SOP ON CHANGE CONTROL SYSTEM,
CATEGORY OF CHANGES(Major Changes,Moderate changes,Minor changes),ENSURING TRAINING & PROCEDURES IN A MANAGEMENT OF CHANGE PROGRAM,LEVEL OF APPROVAL,REGULATOR PROSPECTIVE OF CHANGE CONTROL(21 CFR Part 211: Sec. 211.100,21 CFR Part 211.194 (Laboratory Records),ICH Q7A,USFDA Guidance for Industry: Change to an approved NDA or ANDA ( April 2004- Revison-1)),CONCLUSION
,
Patenting and Regulatory Requirements of Natural Products.pptxSonaliGadge4
Intellectual property is the property possessed by virtue of one’s intellectual creativity.
Intellectual property rights (IPR) are exclusive rights to make, use and sell a new product or technology for a limited period.
Indian patent act - 1970 - definitions, history, types, terms, inventions patentable and non-patentable, patent filling procedure, rights of a patentee, offences and penalties.
Intellectual property, very broadly, means the legal rights which result from intellectual activity in the industrial, scientific, literary and artistic fields.
Intellectual property law aims at safeguarding creators and other producers of intellectual goods and services by granting them certain time-limited rights to control the use made of those productions.
Intellectual property is traditionally divided into two branches, “industrial property” and “copyright.” Patents come under the former category
There are two main types of patents granted by the U.S. Patent Office: design patents and utility patents. Determining which type of patent applies to your invention can be crucial to receiving adequate protection for your invention. A utility patent is granted by the U.S. Patent and Trademark Office (USPTO) for inventions that produce a new and useful result. With a utility patent, an inventor is granted the right to prevent anyone else from making, selling, using or importing the invention without the inventor's consent. A utility patent may be granted to anyone who invents or discovers any new and
useful process, machine, article of manufacture, compositions of matter, or any new useful improvement thereof. A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.
This pdf is about the Schizophrenia.
For more details visit on YouTube; @SELF-EXPLANATORY;
https://www.youtube.com/channel/UCAiarMZDNhe1A3Rnpr_WkzA/videos
Thanks...!
Slide 1: Title Slide
Extrachromosomal Inheritance
Slide 2: Introduction to Extrachromosomal Inheritance
Definition: Extrachromosomal inheritance refers to the transmission of genetic material that is not found within the nucleus.
Key Components: Involves genes located in mitochondria, chloroplasts, and plasmids.
Slide 3: Mitochondrial Inheritance
Mitochondria: Organelles responsible for energy production.
Mitochondrial DNA (mtDNA): Circular DNA molecule found in mitochondria.
Inheritance Pattern: Maternally inherited, meaning it is passed from mothers to all their offspring.
Diseases: Examples include Leber’s hereditary optic neuropathy (LHON) and mitochondrial myopathy.
Slide 4: Chloroplast Inheritance
Chloroplasts: Organelles responsible for photosynthesis in plants.
Chloroplast DNA (cpDNA): Circular DNA molecule found in chloroplasts.
Inheritance Pattern: Often maternally inherited in most plants, but can vary in some species.
Examples: Variegation in plants, where leaf color patterns are determined by chloroplast DNA.
Slide 5: Plasmid Inheritance
Plasmids: Small, circular DNA molecules found in bacteria and some eukaryotes.
Features: Can carry antibiotic resistance genes and can be transferred between cells through processes like conjugation.
Significance: Important in biotechnology for gene cloning and genetic engineering.
Slide 6: Mechanisms of Extrachromosomal Inheritance
Non-Mendelian Patterns: Do not follow Mendel’s laws of inheritance.
Cytoplasmic Segregation: During cell division, organelles like mitochondria and chloroplasts are randomly distributed to daughter cells.
Heteroplasmy: Presence of more than one type of organellar genome within a cell, leading to variation in expression.
Slide 7: Examples of Extrachromosomal Inheritance
Four O’clock Plant (Mirabilis jalapa): Shows variegated leaves due to different cpDNA in leaf cells.
Petite Mutants in Yeast: Result from mutations in mitochondrial DNA affecting respiration.
Slide 8: Importance of Extrachromosomal Inheritance
Evolution: Provides insight into the evolution of eukaryotic cells.
Medicine: Understanding mitochondrial inheritance helps in diagnosing and treating mitochondrial diseases.
Agriculture: Chloroplast inheritance can be used in plant breeding and genetic modification.
Slide 9: Recent Research and Advances
Gene Editing: Techniques like CRISPR-Cas9 are being used to edit mitochondrial and chloroplast DNA.
Therapies: Development of mitochondrial replacement therapy (MRT) for preventing mitochondrial diseases.
Slide 10: Conclusion
Summary: Extrachromosomal inheritance involves the transmission of genetic material outside the nucleus and plays a crucial role in genetics, medicine, and biotechnology.
Future Directions: Continued research and technological advancements hold promise for new treatments and applications.
Slide 11: Questions and Discussion
Invite Audience: Open the floor for any questions or further discussion on the topic.
Nutraceutical market, scope and growth: Herbal drug technologyLokesh Patil
As consumer awareness of health and wellness rises, the nutraceutical market—which includes goods like functional meals, drinks, and dietary supplements that provide health advantages beyond basic nutrition—is growing significantly. As healthcare expenses rise, the population ages, and people want natural and preventative health solutions more and more, this industry is increasing quickly. Further driving market expansion are product formulation innovations and the use of cutting-edge technology for customized nutrition. With its worldwide reach, the nutraceutical industry is expected to keep growing and provide significant chances for research and investment in a number of categories, including vitamins, minerals, probiotics, and herbal supplements.
Seminar of U.V. Spectroscopy by SAMIR PANDASAMIR PANDA
Spectroscopy is a branch of science dealing the study of interaction of electromagnetic radiation with matter.
Ultraviolet-visible spectroscopy refers to absorption spectroscopy or reflect spectroscopy in the UV-VIS spectral region.
Ultraviolet-visible spectroscopy is an analytical method that can measure the amount of light received by the analyte.
THE IMPORTANCE OF MARTIAN ATMOSPHERE SAMPLE RETURN.Sérgio Sacani
The return of a sample of near-surface atmosphere from Mars would facilitate answers to several first-order science questions surrounding the formation and evolution of the planet. One of the important aspects of terrestrial planet formation in general is the role that primary atmospheres played in influencing the chemistry and structure of the planets and their antecedents. Studies of the martian atmosphere can be used to investigate the role of a primary atmosphere in its history. Atmosphere samples would also inform our understanding of the near-surface chemistry of the planet, and ultimately the prospects for life. High-precision isotopic analyses of constituent gases are needed to address these questions, requiring that the analyses are made on returned samples rather than in situ.
Multi-source connectivity as the driver of solar wind variability in the heli...Sérgio Sacani
The ambient solar wind that flls the heliosphere originates from multiple
sources in the solar corona and is highly structured. It is often described
as high-speed, relatively homogeneous, plasma streams from coronal
holes and slow-speed, highly variable, streams whose source regions are
under debate. A key goal of ESA/NASA’s Solar Orbiter mission is to identify
solar wind sources and understand what drives the complexity seen in the
heliosphere. By combining magnetic feld modelling and spectroscopic
techniques with high-resolution observations and measurements, we show
that the solar wind variability detected in situ by Solar Orbiter in March
2022 is driven by spatio-temporal changes in the magnetic connectivity to
multiple sources in the solar atmosphere. The magnetic feld footpoints
connected to the spacecraft moved from the boundaries of a coronal hole
to one active region (12961) and then across to another region (12957). This
is refected in the in situ measurements, which show the transition from fast
to highly Alfvénic then to slow solar wind that is disrupted by the arrival of
a coronal mass ejection. Our results describe solar wind variability at 0.5 au
but are applicable to near-Earth observatories.
Richard's entangled aventures in wonderlandRichard Gill
Since the loophole-free Bell experiments of 2020 and the Nobel prizes in physics of 2022, critics of Bell's work have retreated to the fortress of super-determinism. Now, super-determinism is a derogatory word - it just means "determinism". Palmer, Hance and Hossenfelder argue that quantum mechanics and determinism are not incompatible, using a sophisticated mathematical construction based on a subtle thinning of allowed states and measurements in quantum mechanics, such that what is left appears to make Bell's argument fail, without altering the empirical predictions of quantum mechanics. I think however that it is a smoke screen, and the slogan "lost in math" comes to my mind. I will discuss some other recent disproofs of Bell's theorem using the language of causality based on causal graphs. Causal thinking is also central to law and justice. I will mention surprising connections to my work on serial killer nurse cases, in particular the Dutch case of Lucia de Berk and the current UK case of Lucy Letby.
Introduction:
RNA interference (RNAi) or Post-Transcriptional Gene Silencing (PTGS) is an important biological process for modulating eukaryotic gene expression.
It is highly conserved process of posttranscriptional gene silencing by which double stranded RNA (dsRNA) causes sequence-specific degradation of mRNA sequences.
dsRNA-induced gene silencing (RNAi) is reported in a wide range of eukaryotes ranging from worms, insects, mammals and plants.
This process mediates resistance to both endogenous parasitic and exogenous pathogenic nucleic acids, and regulates the expression of protein-coding genes.
What are small ncRNAs?
micro RNA (miRNA)
short interfering RNA (siRNA)
Properties of small non-coding RNA:
Involved in silencing mRNA transcripts.
Called “small” because they are usually only about 21-24 nucleotides long.
Synthesized by first cutting up longer precursor sequences (like the 61nt one that Lee discovered).
Silence an mRNA by base pairing with some sequence on the mRNA.
Discovery of siRNA?
The first small RNA:
In 1993 Rosalind Lee (Victor Ambros lab) was studying a non- coding gene in C. elegans, lin-4, that was involved in silencing of another gene, lin-14, at the appropriate time in the
development of the worm C. elegans.
Two small transcripts of lin-4 (22nt and 61nt) were found to be complementary to a sequence in the 3' UTR of lin-14.
Because lin-4 encoded no protein, she deduced that it must be these transcripts that are causing the silencing by RNA-RNA interactions.
Types of RNAi ( non coding RNA)
MiRNA
Length (23-25 nt)
Trans acting
Binds with target MRNA in mismatch
Translation inhibition
Si RNA
Length 21 nt.
Cis acting
Bind with target Mrna in perfect complementary sequence
Piwi-RNA
Length ; 25 to 36 nt.
Expressed in Germ Cells
Regulates trnasposomes activity
MECHANISM OF RNAI:
First the double-stranded RNA teams up with a protein complex named Dicer, which cuts the long RNA into short pieces.
Then another protein complex called RISC (RNA-induced silencing complex) discards one of the two RNA strands.
The RISC-docked, single-stranded RNA then pairs with the homologous mRNA and destroys it.
THE RISC COMPLEX:
RISC is large(>500kD) RNA multi- protein Binding complex which triggers MRNA degradation in response to MRNA
Unwinding of double stranded Si RNA by ATP independent Helicase
Active component of RISC is Ago proteins( ENDONUCLEASE) which cleave target MRNA.
DICER: endonuclease (RNase Family III)
Argonaute: Central Component of the RNA-Induced Silencing Complex (RISC)
One strand of the dsRNA produced by Dicer is retained in the RISC complex in association with Argonaute
ARGONAUTE PROTEIN :
1.PAZ(PIWI/Argonaute/ Zwille)- Recognition of target MRNA
2.PIWI (p-element induced wimpy Testis)- breaks Phosphodiester bond of mRNA.)RNAse H activity.
MiRNA:
The Double-stranded RNAs are naturally produced in eukaryotic cells during development, and they have a key role in regulating gene expression .
A brief information about the SCOP protein database used in bioinformatics.
The Structural Classification of Proteins (SCOP) database is a comprehensive and authoritative resource for the structural and evolutionary relationships of proteins. It provides a detailed and curated classification of protein structures, grouping them into families, superfamilies, and folds based on their structural and sequence similarities.
PRESENTATION ABOUT PRINCIPLE OF COSMATIC EVALUATION
Ethical & regulatory basis
1.
2. Intellectual properties (IP) refers to creation of minds: inventions,
literary, artistic works and symbols, names, images and designs
used in commerce.
Industrial
Property
-Patents
-Trademarks
-Industrial designs
-Geographical indications
of source
Copyrights
-Literary
-Artistic works
2
3. Trade Secret
0 When the individual/organization owing an
intellectual property does not disclose the
property to any one & keeps it as closely guarded
secret to promote his business interests, it is
called trade secrets.
0 May relate to formulate ,processes or materials.
0 Eg. Coca Cola
0 In biotechnology, include ,cell lines,
microorganisms strains,, production
processes,etc.
3
4. • Unlimited Duration
• Not necessary to satisfy stringent
requirements
• Costs of filing, consenting & enforcing
patents is saved
• Risk of someone improving upon the
product, process, etc is minimized
Advantages
• Maintaining it is costly.
• Offers no protection from independent
innovation/ invention.
• Nondisclosure of the invention does not
give others a chance to improve upon the
original.
• Cannot be applied to many inventions eg.
Equipment designs, plant varieties,
books etc.
Disadvantages
4
5. 0 Trademarks
A trademark is an "identifier": it should make a link
between a product or service and its source, i.e. the
person/institution/enterprise behind it
0 It provides added value to the product or service by
projecting an expectation of quality, goodwill,
uniqueness etc.
0 The value of a trademark can be immense:
• Coca Cola = USD 74 billion (2011)
0 A trademark shall be distinctive and not
descriptive:
• "apple" OK for computers, but not for a fruit juice
0 A trademark shall not be deceptive:
• "Sana-star" OK for health food, but not for
cigarettes
5
6. Some examples of trademarks
0 Word mark MIGROS
0 Device mark
0 3D-mark
0 Acoustic mark (the Nokia melody)
0 Position mark
Note: trademark registrations can be renewed every 10 years
6
7. Patent
0 A patent is the right granted by a government to an
inventor to exclude others from imitating,
manufacturing, using or selling the invention in
question for commercial use during the specific
period.
0 Patents are granted for:
1. An invention(an product)
2. Innovation/improvement in an invention
3. The process/product of an invention
4. A concept
7
8. Patent Requirements
Novelty: Invention must be new & should not be already known to
public
Inventiveness: should not be obvious & should represent an innovation.
Industrial Application & Usefulness: Subject must have industrial
application either immediate/future, should be useful to society/nation.
Patentability: Subject matter must be patentable under the existing law
& its current interpretation.
Disclosure: Gives an opportunity to improve upon the various features
of the invention.
8
9. 0 A patent provides its proprietor with an exclusive right, i.e. a
right to exclude others from making, using, selling, offering for
sale, exporting or importing the patented invention.
0 A patent is directed against anyone; however, it is limited:
• substantively (according to the patent claims)
• temporally (according to the patent duration, usually up to 20
years)
• geographically (according to country selection)
0 Important:
A patent does not provide any positive rights:
• a patent for a pharmaceutical drug is not a permission to market
the drug
• a patent does not exclude the infringement* of another party's
patent
* infringement of a patent = violation of patent rights
9
10. 0 The patent as a contract between society and inventor
"Rewarding principle":
0 • The inventor discloses its knowledge to the public (as
described in the patent application)
0 • Society provides the inventor with a limited monopoly
(as defined by the patent claims)
0 The patent specification is both a technical and a legal
document!
10
12. 0 Structure of patent documents
Description (= the technical part):
• Short summary of the relevant state of the art ("prior
art")
• Problem to be solved by the invention
• Detailed technical description of the invention (US:
"enabling
disclosure")
Claims (= the legal part):
• Definition of the protection range
• Concise and clear (legal certainty for third parties!)
• Limited to one sentence (for historic reasons)
12
13. Procedure of Patenting
0 An inventor files a properly prepared application with
the patent office of the concerned country.
0 If application material is unsuitable, returned to the
inventor.
0 Can be resubmitted with modification and explanation.
0 If application considered for patenting, the invention
along with the adequate details of the desired patent is
published.
In India, this is done 18 months after the date of filing the
application.
0 Patent can be challenged, four months after the
application, but if not challenged the patent is granted
after the said period and sealed.
13
14. Copyrights
0 “Copyright is a legal device that provides the creator of
a work of art or literature, or a work that conveys
information or ideas, the right to control how the work
is used."
Stephen Fishman, Esq. The Copyright Handbook, 1996.
14
15. Public Domain
The only thing you don’t have to cite is common
knowledge. Something that everyone knows like
who the president is.
And Then There’s Copyright. (2009). NJIT Library Searchpath Tutorial 24 August 2009.
http://library.njit.edu/researchhelpdesk/howto/searchpath/mod6/07-copyright.htm 15
16. Fair Use Poster 2001. American Library Association. 24 August 2009
http://www.ala.org/ala/aboutala/offices/wo/woissues/copyrightb/FairUsePoster.jpg
Fair Use
the ability to use sources without seeking permission
from the copyright holder
16
17. 0 In case of Biotechnology, Copyright protection is available for
DNA sequences. But one may target these protection by
designing alternative sequences to encode the same protein
taking advantage of genetic degeneracy
17
18. Plant variety
Protection(PVP)
0 Plant varieties & Animal breeds are developed
through years of painstaking & scientifically planned
work.
0 It may be argued that these entities are essentially
derived from naturally occurring lines, but usually
represent a considerable reorganization of the existing
gene combinations & skillful selection work.
Utility patents are considered to be the most powerful &
the most expansive in score of their coverage; a single
patent may cover several varieties, an entire
species/genus, genes/proteins or technology & processes.
18
20. Protection of Biotechnology
Inventions
0 Biotechnology inventions are concerned with the
life forms & involve one or more of the following:
1. Various methods/processes of generating useful
products.
2. Various products e.g. Antibiotics, purified
vitamins, etc.
3. Applications of various products/processes
4. Various microorganisms, cell lines, plant/animal
lines obtained through biotechnological
approaches.
5. Various DNA sequences/ proteins encoded.
6. Technologies to modify the properties of various
organisms. 20
21. International conventions do not permit patenting
of processes/product applications concerning
alleviation of human diseases.
0 The European patent Office (EPO) has suggested
that isolation of a substance from nature is
merely a ‘discovery’ &, therefore, should not be
patentable. However, the process developed is
patentable.
0 The processes used for genetic modification of
various organisms are patentable virtually in all
countries, including India.
21
22. A] Patenting of Genes & DNA
Sequences
0 An artificially synthesized gene is considered
patentable in all developing countries.
0 But, its controversial in case of genes isolated
from naturally occurring organisms.
0 In USA, patent are allowed on such genes. The
patent statue (35 USC101) requires an invention
to be useful for being patentable.
0 In contrast, courts in UK held that natural genes
are not patentable. The protein encoded by the
gene would be covered under the patent if it were
considered novel.
22
24. B] Gene Patents & Genetic
Resources
0 The developing countries are technology poor, but
gene rich. In contrast, developed countries are
technology rich and gene poor.
0 Aspect of germplasm collections made from the
developing nations relates to the patenting of
useful genes isolated from them by the
individuals/organizations of developed countries.
0 The use for genetic transformation of such gene
by anyone may be prohibited or, at least, would
carry a suitable fee.
0 Thus the country of source origin should not be
charged on gene usage.
24
26. C] Patenting of Life form
0 Life forms, are not patentable in India under the
provisions of Indian Patent Act(1970).
0 However, patents can be obtained for various
biotechnological processes & product applications
within the limitation of international conventions.
0 In USA, microorganisms modified by using more
ingenious techniques i.e. genetic engineering, are now
patentable.
The first patent to a microorganism was allowed by the
American Supreme Court in 1980. Soon after, in 1981,a
patent was allowed in European Union for
microorganism by EPO.
26
27. 0 Among the higher organisms, plants
were the first to be patented in USA,
in 1985, a maize line overproducing
tryptophan was allowed a patent.
0 The biotechnology companies in
Europe strongly favor the patenting
of inventions based on living
materials at par with USA & Japan.
0 Animal materials are protected by
patents. USA again was the
trendsetter in this regard; the first
animal patent in world was awarded
in USA in 1988 to ‘oncomouse’.
0 In 1992, EPO also awarded a patent
for ‘oncomouse’.
27
29. Management of IPR
0 IPR is ordinarily acquired in the anticipation that
the concerned intellectual property can be
commercialized.
0 A mere holding of IPR does not guarantee
profit.Often R&D effort may be needed to make
an intellectual property marketable.
0 IPR management involves:
1. Transfer of the IPR appropriately & at optimum
value to obtain returns for expenses.
2. Exploitation of collaborative linkages to
facilitate exploitation of the IPR.
3. Monitoring infringements of the IPR &
enforcing one’s right where necessary.
29
30. 4. Renewal of patents & designs periodically.
5. Quantitative evaluation of factors such as R&D
investments to royalty ratio will have to be done
periodically.
30