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ASHOK KUMAR
Ashoka.kumar2007@rediff.com

 Biotechnology—The use of cellular and bio-molecular
processes to solve problems or make useful products.
 Biotechnology has created more than 200 new therapies
and vaccines, including products to treat cancer, diabetes,
HIV/AIDS and autoimmune disorders.
 There are more than 400 biotech drug products and
vaccines currently in clinical trials targeting more than 200
diseases.
 The biotech industry is regulated by the U.S. Food and
Drug Administration (FDA), the Environmental
Protection Agency (EPA) and the Department of
Agriculture (USDA).
INTRODUCTION

 Agriculture and Food Biotechnology
 Industrial Biotechnology
 Nano-biotechnology
 Preventive and Therapeutic Medical Biotechnology
 Bio-informatics and IT enabled Biotechnology
 Pharmaco-genomics
 Regenerative and Genomic Medicine
 Clinical Biotechnology and Research services
BIOTECHNOLOGY SECTOR IN
INDIA FOR INVESTMENT

 Biotechnology is an industry of ideas and invention
which make intellectual property means patent.
 A Patent is an agreement between the government
and an inventor whereby, in exchange for the
inventor’s complete disclosure of the invention, the
government gives the inventor the right to exclude
others from making, using, selling or importing the
invention for a limited time.
ITELLACTUAL PROPERTY
RIGHT (PATENT)

 UTILITY – It’s granted to those who invent or
discover new and useful machines or processes.
 DESIGN – It’s issued to inventors of new, original
and ornamental design for an article of manufacture.
 PLANT PATENT – It’s given to those who invent or
discover, then asexually reproduce a new plant type.
TYPES OF PATENTS

 The rationale for a patent system is to provide an
advantage to society as a whole by rewarding the
development of new inventions.
 There are two basic purpose -
 To promote the advancement of technology.
 To protect the Inventor.
PURPOSE OF PATENT

PATENTABLE INVENTION
 A process of making a
chemicals by
combining x & y.(BT)
 A machine – X-ray
machine
 An article of
manufacturer like
making a chip.
 A composition of
matter like a new
drug.(BT)
 Any new & useful
invention that falls
under any of these
categories.
 OTHER CAN’T BE
PATENTABLE.

 The invention is novel and nonobvious: that is, the
invention is really new.
 The invention is useful. The inventor must show that
the invention has a real-world use. It isn’t enough
just to find a new gene or protein. The inventor must
specify the uses.
 The application describes the invention in sufficient
detail to allow the public to make and use the
invention.
PATENT REQUIREMENT

 A written English language document (called the
specification) that clearly describes and explains the
invention.
 A drawing illustrating the invention, if such a drawing is
necessary for understanding the invention.
 An oath or declaration by the inventor(s) claiming
inventor-ship.
 A filing fee (about $400–$800, or more, depending on the
patent application).
 The patenting organisms are microbes, plants, industrial
plants, animals, natural compound or anything that is
made by the hand of man is papentable.
PATENT APPLICATION

 A patent license is a contract between the owner of a
patent and an independent party who wishes to make,
use or sell the invention claimed in the patent.
 Typically, the licensee agrees to pay the patent owner a
percentage of the revenue the licensee receives from sale
of the invention and/or other license fees.
 In some cases, a license from more than one person may
be necessary to use an invention effectively.
 If the two patent owners want to sell the protein for the
new use, they would need to grant a license to each other.
 If a third party does use a patented invention without a
license, the patent owner can seek legal remedies for
infringement.
PATENT LICENSING



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INTELLECTUAL PROPERTY RIGHT

  • 2.   Biotechnology—The use of cellular and bio-molecular processes to solve problems or make useful products.  Biotechnology has created more than 200 new therapies and vaccines, including products to treat cancer, diabetes, HIV/AIDS and autoimmune disorders.  There are more than 400 biotech drug products and vaccines currently in clinical trials targeting more than 200 diseases.  The biotech industry is regulated by the U.S. Food and Drug Administration (FDA), the Environmental Protection Agency (EPA) and the Department of Agriculture (USDA). INTRODUCTION
  • 3.   Agriculture and Food Biotechnology  Industrial Biotechnology  Nano-biotechnology  Preventive and Therapeutic Medical Biotechnology  Bio-informatics and IT enabled Biotechnology  Pharmaco-genomics  Regenerative and Genomic Medicine  Clinical Biotechnology and Research services BIOTECHNOLOGY SECTOR IN INDIA FOR INVESTMENT
  • 4.   Biotechnology is an industry of ideas and invention which make intellectual property means patent.  A Patent is an agreement between the government and an inventor whereby, in exchange for the inventor’s complete disclosure of the invention, the government gives the inventor the right to exclude others from making, using, selling or importing the invention for a limited time. ITELLACTUAL PROPERTY RIGHT (PATENT)
  • 5.   UTILITY – It’s granted to those who invent or discover new and useful machines or processes.  DESIGN – It’s issued to inventors of new, original and ornamental design for an article of manufacture.  PLANT PATENT – It’s given to those who invent or discover, then asexually reproduce a new plant type. TYPES OF PATENTS
  • 6.   The rationale for a patent system is to provide an advantage to society as a whole by rewarding the development of new inventions.  There are two basic purpose -  To promote the advancement of technology.  To protect the Inventor. PURPOSE OF PATENT
  • 7.  PATENTABLE INVENTION  A process of making a chemicals by combining x & y.(BT)  A machine – X-ray machine  An article of manufacturer like making a chip.  A composition of matter like a new drug.(BT)  Any new & useful invention that falls under any of these categories.  OTHER CAN’T BE PATENTABLE.
  • 8.   The invention is novel and nonobvious: that is, the invention is really new.  The invention is useful. The inventor must show that the invention has a real-world use. It isn’t enough just to find a new gene or protein. The inventor must specify the uses.  The application describes the invention in sufficient detail to allow the public to make and use the invention. PATENT REQUIREMENT
  • 9.   A written English language document (called the specification) that clearly describes and explains the invention.  A drawing illustrating the invention, if such a drawing is necessary for understanding the invention.  An oath or declaration by the inventor(s) claiming inventor-ship.  A filing fee (about $400–$800, or more, depending on the patent application).  The patenting organisms are microbes, plants, industrial plants, animals, natural compound or anything that is made by the hand of man is papentable. PATENT APPLICATION
  • 10.   A patent license is a contract between the owner of a patent and an independent party who wishes to make, use or sell the invention claimed in the patent.  Typically, the licensee agrees to pay the patent owner a percentage of the revenue the licensee receives from sale of the invention and/or other license fees.  In some cases, a license from more than one person may be necessary to use an invention effectively.  If the two patent owners want to sell the protein for the new use, they would need to grant a license to each other.  If a third party does use a patented invention without a license, the patent owner can seek legal remedies for infringement. PATENT LICENSING
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