A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.
A Patent is an intellectual property right relating to inventions and is the grant of exclusive right, for limited period, provided by the Government to the patentee, in exchange of full disclosure of his invention, for excluding others, from making, using, selling, importing the patented product or process producing that product for those purposes.
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.
Patent and its types, rights and responsibilities of patentee, filing patent applications, patent application forms and guidelines, types of patent applications.
Basic introduction of Intellectual Property Rights, types, advantages, disadvantages with main focus on Patents, criteria, Patentable and Non Patentable items
patent types of patent,utility patent,design patent,plant patent,expiry of patent,how to apply patent,filling form of patent,sample of patent advantages of patents to the patentee and society, patent history-india
anything novel created by virtue of your intellectual power can be patented, which will be useful for mankind. this ppt. presents the property which can be patented and how to be patented .
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.
Patent and its types, rights and responsibilities of patentee, filing patent applications, patent application forms and guidelines, types of patent applications.
Basic introduction of Intellectual Property Rights, types, advantages, disadvantages with main focus on Patents, criteria, Patentable and Non Patentable items
patent types of patent,utility patent,design patent,plant patent,expiry of patent,how to apply patent,filling form of patent,sample of patent advantages of patents to the patentee and society, patent history-india
anything novel created by virtue of your intellectual power can be patented, which will be useful for mankind. this ppt. presents the property which can be patented and how to be patented .
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.
Introduction To Intellectual Property: Role of IP in the Economic and Cultural Development of the Society,
IP Governance, IP as a Global Indicator of Innovation, Origin of IP History of IP in India. Major Amendments in
IP Laws and Acts in India.
Patents: Conditions for Obtaining a Patent Protection, To Patent or Not to Patent an Invention. Rights
Associated with Patents. Enforcement of Patent Rights. Inventions Eligible for Patenting. Non-Patentable
Matters. Patent Infringements. Avoid Public Disclosure of an Invention before Patenting. Process of Patenting.
Prior Art Search. Choice of Application to be Filed. Patent Application Forms. Jurisdiction of Filing Patent
Application. Publication. Pre-grant Opposition. Examination. Grant of a Patent. Validity of Patent Protection.
Post-grant Opposition. Commercialization of a Patent. Need for a Patent Attorney/Agent. Can a Worldwide
Patent be Obtained. Do I Need First to File a Patent in India. Patent Related Forms. Fee Structure. Types of
Patent Applications. Commonly Used Terms in Patenting. National Bodies Dealing with Patent Affairs. Utility
Models.
Process of Patenting. Prior Art Search. Choice of Application to be Filed. Patent Application Forms.
Jurisdiction of Filing Patent Application. Publication. Pre-grant Opposition. Examination. Grant of a Patent.
Validity of Patent Protection. Post-grant Opposition. Commercialization of a Patent. Need for a Patent
Attorney/Agent. Can a Worldwide Patent be Obtained. Do I Need First to File a Patent in India. Patent Related
Forms. Fee Structure. Types of Patent Applications. Commonly Used Terms in Patenting. National Bodies
Dealing with Patent Affairs. Utility Models.
Indian patent act - 1970 - definitions, history, types, terms, inventions patentable and non-patentable, patent filling procedure, rights of a patentee, offences and penalties.
TYPES OF INTELLECTUAL PROPERTIES AND LEGISLATIONS COVERING IPR IN INDIA : PAT...KISHLAYRANJAN
TYPES OF INTELLECTUAL PROPERTIES AND LEGISLATIONS COVERING IPR IN INDIA: PATENTS, COPYRIGHTS
In this presentation, you will get to know about copyright, patents, and Intellectual property rights in India. The duration of patent and how copyright is different from the patent.
Gene Therapy, Somatic cell gene therapy, germ line gene therapy, classical gene therapy, non-classical gene therapy, targets of gene therapy, barriers of gene therapy, ex vivo gene therapy, in vivo gene therapy, vectors for gene delivery, antisense therapy
- Video recording of this lecture in English language: https://youtu.be/lK81BzxMqdo
- Video recording of this lecture in Arabic language: https://youtu.be/Ve4P0COk9OI
- Link to download the book free: https://nephrotube.blogspot.com/p/nephrotube-nephrology-books.html
- Link to NephroTube website: www.NephroTube.com
- Link to NephroTube social media accounts: https://nephrotube.blogspot.com/p/join-nephrotube-on-social-media.html
New Directions in Targeted Therapeutic Approaches for Older Adults With Mantl...i3 Health
i3 Health is pleased to make the speaker slides from this activity available for use as a non-accredited self-study or teaching resource.
This slide deck presented by Dr. Kami Maddocks, Professor-Clinical in the Division of Hematology and
Associate Division Director for Ambulatory Operations
The Ohio State University Comprehensive Cancer Center, will provide insight into new directions in targeted therapeutic approaches for older adults with mantle cell lymphoma.
STATEMENT OF NEED
Mantle cell lymphoma (MCL) is a rare, aggressive B-cell non-Hodgkin lymphoma (NHL) accounting for 5% to 7% of all lymphomas. Its prognosis ranges from indolent disease that does not require treatment for years to very aggressive disease, which is associated with poor survival (Silkenstedt et al, 2021). Typically, MCL is diagnosed at advanced stage and in older patients who cannot tolerate intensive therapy (NCCN, 2022). Although recent advances have slightly increased remission rates, recurrence and relapse remain very common, leading to a median overall survival between 3 and 6 years (LLS, 2021). Though there are several effective options, progress is still needed towards establishing an accepted frontline approach for MCL (Castellino et al, 2022). Treatment selection and management of MCL are complicated by the heterogeneity of prognosis, advanced age and comorbidities of patients, and lack of an established standard approach for treatment, making it vital that clinicians be familiar with the latest research and advances in this area. In this activity chaired by Michael Wang, MD, Professor in the Department of Lymphoma & Myeloma at MD Anderson Cancer Center, expert faculty will discuss prognostic factors informing treatment, the promising results of recent trials in new therapeutic approaches, and the implications of treatment resistance in therapeutic selection for MCL.
Target Audience
Hematology/oncology fellows, attending faculty, and other health care professionals involved in the treatment of patients with mantle cell lymphoma (MCL).
Learning Objectives
1.) Identify clinical and biological prognostic factors that can guide treatment decision making for older adults with MCL
2.) Evaluate emerging data on targeted therapeutic approaches for treatment-naive and relapsed/refractory MCL and their applicability to older adults
3.) Assess mechanisms of resistance to targeted therapies for MCL and their implications for treatment selection
Lung Cancer: Artificial Intelligence, Synergetics, Complex System Analysis, S...Oleg Kshivets
RESULTS: Overall life span (LS) was 2252.1±1742.5 days and cumulative 5-year survival (5YS) reached 73.2%, 10 years – 64.8%, 20 years – 42.5%. 513 LCP lived more than 5 years (LS=3124.6±1525.6 days), 148 LCP – more than 10 years (LS=5054.4±1504.1 days).199 LCP died because of LC (LS=562.7±374.5 days). 5YS of LCP after bi/lobectomies was significantly superior in comparison with LCP after pneumonectomies (78.1% vs.63.7%, P=0.00001 by log-rank test). AT significantly improved 5YS (66.3% vs. 34.8%) (P=0.00000 by log-rank test) only for LCP with N1-2. Cox modeling displayed that 5YS of LCP significantly depended on: phase transition (PT) early-invasive LC in terms of synergetics, PT N0—N12, cell ratio factors (ratio between cancer cells- CC and blood cells subpopulations), G1-3, histology, glucose, AT, blood cell circuit, prothrombin index, heparin tolerance, recalcification time (P=0.000-0.038). Neural networks, genetic algorithm selection and bootstrap simulation revealed relationships between 5YS and PT early-invasive LC (rank=1), PT N0—N12 (rank=2), thrombocytes/CC (3), erythrocytes/CC (4), eosinophils/CC (5), healthy cells/CC (6), lymphocytes/CC (7), segmented neutrophils/CC (8), stick neutrophils/CC (9), monocytes/CC (10); leucocytes/CC (11). Correct prediction of 5YS was 100% by neural networks computing (area under ROC curve=1.0; error=0.0).
CONCLUSIONS: 5YS of LCP after radical procedures significantly depended on: 1) PT early-invasive cancer; 2) PT N0--N12; 3) cell ratio factors; 4) blood cell circuit; 5) biochemical factors; 6) hemostasis system; 7) AT; 8) LC characteristics; 9) LC cell dynamics; 10) surgery type: lobectomy/pneumonectomy; 11) anthropometric data. Optimal diagnosis and treatment strategies for LC are: 1) screening and early detection of LC; 2) availability of experienced thoracic surgeons because of complexity of radical procedures; 3) aggressive en block surgery and adequate lymph node dissection for completeness; 4) precise prediction; 5) adjuvant chemoimmunoradiotherapy for LCP with unfavorable prognosis.
MANAGEMENT OF ATRIOVENTRICULAR CONDUCTION BLOCK.pdfJim Jacob Roy
Cardiac conduction defects can occur due to various causes.
Atrioventricular conduction blocks ( AV blocks ) are classified into 3 types.
This document describes the acute management of AV block.
These lecture slides, by Dr Sidra Arshad, offer a quick overview of physiological basis of a normal electrocardiogram.
Learning objectives:
1. Define an electrocardiogram (ECG) and electrocardiography
2. Describe how dipoles generated by the heart produce the waveforms of the ECG
3. Describe the components of a normal electrocardiogram of a typical bipolar leads (limb II)
4. Differentiate between intervals and segments
5. Enlist some common indications for obtaining an ECG
Study Resources:
1. Chapter 11, Guyton and Hall Textbook of Medical Physiology, 14th edition
2. Chapter 9, Human Physiology - From Cells to Systems, Lauralee Sherwood, 9th edition
3. Chapter 29, Ganong’s Review of Medical Physiology, 26th edition
4. Electrocardiogram, StatPearls - https://www.ncbi.nlm.nih.gov/books/NBK549803/
5. ECG in Medical Practice by ABM Abdullah, 4th edition
6. ECG Basics, http://www.nataliescasebook.com/tag/e-c-g-basics
Couples presenting to the infertility clinic- Do they really have infertility...Sujoy Dasgupta
Dr Sujoy Dasgupta presented the study on "Couples presenting to the infertility clinic- Do they really have infertility? – The unexplored stories of non-consummation" in the 13th Congress of the Asia Pacific Initiative on Reproduction (ASPIRE 2024) at Manila on 24 May, 2024.
Flu Vaccine Alert in Bangalore Karnatakaaddon Scans
As flu season approaches, health officials in Bangalore, Karnataka, are urging residents to get their flu vaccinations. The seasonal flu, while common, can lead to severe health complications, particularly for vulnerable populations such as young children, the elderly, and those with underlying health conditions.
Dr. Vidisha Kumari, a leading epidemiologist in Bangalore, emphasizes the importance of getting vaccinated. "The flu vaccine is our best defense against the influenza virus. It not only protects individuals but also helps prevent the spread of the virus in our communities," he says.
This year, the flu season is expected to coincide with a potential increase in other respiratory illnesses. The Karnataka Health Department has launched an awareness campaign highlighting the significance of flu vaccinations. They have set up multiple vaccination centers across Bangalore, making it convenient for residents to receive their shots.
To encourage widespread vaccination, the government is also collaborating with local schools, workplaces, and community centers to facilitate vaccination drives. Special attention is being given to ensuring that the vaccine is accessible to all, including marginalized communities who may have limited access to healthcare.
Residents are reminded that the flu vaccine is safe and effective. Common side effects are mild and may include soreness at the injection site, mild fever, or muscle aches. These side effects are generally short-lived and far less severe than the flu itself.
Healthcare providers are also stressing the importance of continuing COVID-19 precautions. Wearing masks, practicing good hand hygiene, and maintaining social distancing are still crucial, especially in crowded places.
Protect yourself and your loved ones by getting vaccinated. Together, we can help keep Bangalore healthy and safe this flu season. For more information on vaccination centers and schedules, residents can visit the Karnataka Health Department’s official website or follow their social media pages.
Stay informed, stay safe, and get your flu shot today!
Pulmonary Thromboembolism - etilogy, types, medical- Surgical and nursing man...VarunMahajani
Disruption of blood supply to lung alveoli due to blockage of one or more pulmonary blood vessels is called as Pulmonary thromboembolism. In this presentation we will discuss its causes, types and its management in depth.
Tom Selleck Health: A Comprehensive Look at the Iconic Actor’s Wellness Journeygreendigital
Tom Selleck, an enduring figure in Hollywood. has captivated audiences for decades with his rugged charm, iconic moustache. and memorable roles in television and film. From his breakout role as Thomas Magnum in Magnum P.I. to his current portrayal of Frank Reagan in Blue Bloods. Selleck's career has spanned over 50 years. But beyond his professional achievements. fans have often been curious about Tom Selleck Health. especially as he has aged in the public eye.
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Introduction
Many have been interested in Tom Selleck health. not only because of his enduring presence on screen but also because of the challenges. and lifestyle choices he has faced and made over the years. This article delves into the various aspects of Tom Selleck health. exploring his fitness regimen, diet, mental health. and the challenges he has encountered as he ages. We'll look at how he maintains his well-being. the health issues he has faced, and his approach to ageing .
Early Life and Career
Childhood and Athletic Beginnings
Tom Selleck was born on January 29, 1945, in Detroit, Michigan, and grew up in Sherman Oaks, California. From an early age, he was involved in sports, particularly basketball. which played a significant role in his physical development. His athletic pursuits continued into college. where he attended the University of Southern California (USC) on a basketball scholarship. This early involvement in sports laid a strong foundation for his physical health and disciplined lifestyle.
Transition to Acting
Selleck's transition from an athlete to an actor came with its physical demands. His first significant role in "Magnum P.I." required him to perform various stunts and maintain a fit appearance. This role, which he played from 1980 to 1988. necessitated a rigorous fitness routine to meet the show's demands. setting the stage for his long-term commitment to health and wellness.
Fitness Regimen
Workout Routine
Tom Selleck health and fitness regimen has evolved. adapting to his changing roles and age. During his "Magnum, P.I." days. Selleck's workouts were intense and focused on building and maintaining muscle mass. His routine included weightlifting, cardiovascular exercises. and specific training for the stunts he performed on the show.
Selleck adjusted his fitness routine as he aged to suit his body's needs. Today, his workouts focus on maintaining flexibility, strength, and cardiovascular health. He incorporates low-impact exercises such as swimming, walking, and light weightlifting. This balanced approach helps him stay fit without putting undue strain on his joints and muscles.
Importance of Flexibility and Mobility
In recent years, Selleck has emphasized the importance of flexibility and mobility in his fitness regimen. Understanding the natural decline in muscle mass and joint flexibility with age. he includes stretching and yoga in his routine. These practices help prevent injuries, improve posture, and maintain mobilit
Ethanol (CH3CH2OH), or beverage alcohol, is a two-carbon alcohol
that is rapidly distributed in the body and brain. Ethanol alters many
neurochemical systems and has rewarding and addictive properties. It
is the oldest recreational drug and likely contributes to more morbidity,
mortality, and public health costs than all illicit drugs combined. The
5th edition of the Diagnostic and Statistical Manual of Mental Disorders
(DSM-5) integrates alcohol abuse and alcohol dependence into a single
disorder called alcohol use disorder (AUD), with mild, moderate,
and severe subclassifications (American Psychiatric Association, 2013).
In the DSM-5, all types of substance abuse and dependence have been
combined into a single substance use disorder (SUD) on a continuum
from mild to severe. A diagnosis of AUD requires that at least two of
the 11 DSM-5 behaviors be present within a 12-month period (mild
AUD: 2–3 criteria; moderate AUD: 4–5 criteria; severe AUD: 6–11 criteria).
The four main behavioral effects of AUD are impaired control over
drinking, negative social consequences, risky use, and altered physiological
effects (tolerance, withdrawal). This chapter presents an overview
of the prevalence and harmful consequences of AUD in the U.S.,
the systemic nature of the disease, neurocircuitry and stages of AUD,
comorbidities, fetal alcohol spectrum disorders, genetic risk factors, and
pharmacotherapies for AUD.
2. Intellectual Property Rights (IPR)
• Intellectual property: According to the World Intellectual Property Organization (WIPO),
Intellectual property refers to creations of the mind: inventions, literary and artistic
works, and symbols, names, images, and designs used in commerce. The term
intellectual property is used for the intangible asset that doesn’t exist in a physical
object but has a economic values.
• Intellectual property rights (IPR) refers to the legal ownership of intellectual property by
a person or business of an invention, discovery related to the particular product or
processes for the protection of the owner against unauthorized copying or imitations.
However, IPR is limited in terms of duration, scope and geographical extent.
• The importance of intellectual property was first recognized in the Paris Convention for
the Protection of Industrial Property (1883) and the Berne Convention for the
Protection of Literary and Artistic Works (1886). Both treaties are administered by the
World Intellectual Property Organization (WIPO).
4. • Patent: A Patent is the exclusive right granted by a government authority to
an inventor to manufacture, use, or sell an invention and prohibit others from
making, using, or selling an invention for a limited period of time.
• Designs: It is the art or practice of designing object for manufacturing
consisting aesthetic aspects and three-dimensional features like shape,
surface, patterns, lines, colors or two-dimensional features of objects.
• Trademarks: It is a symbol, word, or words registered legally or established by
use as to represent a company or product.
• Geographical indications: It is a name or sign used on products which
corresponds to a specific geographical location or origin having specific
qualities, reputation or characteristics (WIPO).
• Copyright: It is a legal rights provided to creators to perform, print, publish,
record literary, artistic, or musical materials for its uses and distributions
(Wikipedia).
5. What is the need of IPR?
The progress and well-being of humanity rest on its capacity to create and invent new
works in the areas of technology and culture.
• Encourages innovation: The legal protection of new creations encourages the
commitment of additional resources for further innovation.
• Economic growth: The promotion and protection of intellectual property spurs economic
growth, creates new jobs and industries, and enhances the quality and enjoyment of life.
• Safeguard the rights of creators: IPR is required to safeguard creators and other
producers of their intellectual commodity, goods and services by granting them certain
time-limited rights to control the use made of the manufactured goods.
• It promotes innovation and creativity and ensures ease of doing business.
• It facilitates the transfer of technology in the form of foreign direct investment, joint
ventures and licensing.
6. India and IPR
• India is a member of the World Trade Organization and committed to the
Agreement on Trade Related Aspects of Intellectual Property (TRIPs
Agreement).
• India is also a member of World Intellectual Property Organization (WIPO), a
body responsible for the promotion of the protection of intellectual property
rights throughout the world.
• In India, currently, the Patents Act 1970 and the corresponding rules govern the
grant of patents. Indian Parliament has made several comprehensive
amendments to the Patents Act 1970 in 1999, 2002, 2005 and 2018.
• CGPDT: Controller General of Patents, Designs & Trade Marks (CGPDT), (under
the Dept. of Industrial Policy and Promotion of Ministry of Commerce and
Industry)
8. Year Event
1856 Act for protection of inventions on the basis of British law of 1852
1859 Patent monopolies called exclusive privileges
1872 Patents and Designs Act
1883 Protection for Inventions Act 1888
1888 Inventions and Designs Act
1911-1947 Modern patent era by Patents and Designs Act. First time an authority call
Controller General of Patients appointed
1959 Justice Ayyangar’s report
1967 Patent Act Bill introduced in the Parliament
1970 The Patent Act passed by the Parliament
1972 The Patients Act -1970 came into force on April 20, 1972
1994 Amendments by ordinance to include Exclusive Marketing Rights (EMR’s)
1999 Amendments passed by the parliament. New patent amendment bill referred to
select committee
2003 Patient Act 1970 with second amendments came into force
2005 Patent Act 1970 (2005 Amendments) comes in to force from 1-1-2005.
History of Patents Acts in India
9. Indian Patent Act 1970
The Indian Patent Act 1970 grants the following rights to the patentee:
Right to exploit the patent
Right to license and assign the patent
Right to surrender the patent
Right to sue for the infringement of patent.
10. Prerequisites for a patent
• For patentability, there are only three prerequisites according to the
Section 2 (1) of the Indian Patent Act 1970, which are as follows:
1. An invention must be novel.
2. An invention should have an inventive step.
3. An invention should be capable of industrial application.
• According to the US patent law, Section 101 of the US Patent Act,
inventions are patentable when they fulfil the criteria of
novelty,
usefulness and
non-obviousness
11. Indian Patent Act Vs United States Patent Act
S.No. Indian Patent Act United States Patent Act
1. Indian patent laws are strict. US patent laws are liberal.
2.
The Indian Patent Act quite elaborately describes the
non-patentable inventions under Sections 3 and 4.
US patent laws allows the grant of patent to
anyone who invents or discovers any new and
useful improvement in the existing invention.
3.
Inventions related to atomic energy are not patentable
in India.
Inventions related to atomic energy are widely
accepted in US.
4.
Inventions that are contrary to the public order or
morality are not granted patent (e.g. patent
or novel design of guns etc.)
Inventions that are patentable and novel in
design are allowed (e.g. patent or novel design
of guns etc.)
5. Indian patent laws grant patent on ‘first-to-file’ basis.
US patent laws grant patent on ‘first-to-invent’
basis.
6. Plants are not patentable in India Plants are patentable in the United States
7.
Software is not patentable in India; they are
copyrightable.
Software is patentable in the United States.
8. Patent agent should be Indian.
Patent agent from other countries can also
practice in United States.
12. Types of Patents awarded in India
S.No. Types of Patent Examples
1. Product Patent
a) Substance
b) Composition of matter
c) Devices
• Chemical compound, Chemical compounds, enzymes, cell lines,
plasmids, recombinant DNA, vector-host, microorganisms.
• Mixture of substances; pharmaceutical composition, food stuffs,
composition of fertilizers, lubricant composition
• Mouse trap, ball-point pen, x-ray tube, fermenter, coffee machine
2. Process Patent
a) Manufacturing process
b) Method of execution
c) Usefulness
• Method of preparing a substance; preparation of a hybrid plasmid,
gene cloning techniques, semi-synthetic penicillin or new azo dyes,
downstream process of extraction of plant or animal product
• Analytical or diagnostic methods of examination; freeze-drying
• Use of a substance or composition for a particular purpose;
utilization of herbicides for combating weeds.
3. Design Patent • Design and shape of articles like machine, bottles, vehicles etc.
14. Patent Procedure in India
Each application for a patent which is filed with the Indian
patent office needs to be accompanied by the forms
provided below:
Form 1 – Application for grant of a patent
Form 2 – Provisional/Complete specification)
Form 3 – Statement and undertaking regarding foreign
application under section 8 (only required if a
corresponding patent application is filed in another
country)
Form 5 – Declaration as to inventorship (only to be filed
along with the complete application)
Form 26 – Form for authorization of a patent agent (only
required if you are using a patent agent to help you file
the application)
Form 28 – To be submitted by startup or small entity (only
required if you are claiming startup or small entity status)
15. Special Patents
1. Textile invention: The inventions in textile technology can be related to areas like textile manufacturing, chemical processing,
fiber science and technology, textile machines and dyes.
2. Electrical Invention: Semiconductor products are not patentable but the process of making the semiconductor product is
patentable under the provisions of the Indian Patent Act 1970. The term of such patent is 14 years.
3. Software Patent: The Indian Patent Act 1970 does not recognize software programs. Computer software is generally
protected under the copyright law but software as essential part of the hardware, when connected to hardware can be
protected by patents, for example, UV spectrophotometer, automatic fermenters, etc.
4. Patents in Food Industry: Foods that are produced by combining traditional ingredients and using standard cooking or
preparation techniques are unlikely to meet the patent requirements. Some new food products are innovative chemical
compounds, such as artificial sweeteners and fat substitutes.
5. Pharmaceutical Patents: The Act of 1970 excluded pharmaceuticals and agrochemical products from the grants of patents.
TRIPs agreement has placed an obligation on India to grant product patents to drugs by 2005. On the grant of patent
protection, the firms that have patented their drugs may either export their drugs to India or may produce them in India
through license to firms.
6. Patent for microorganisms: These include traditional or conventional fermentation methods like preparation of curd, idii,
dosa or vada pastes, cheese etc. Bio-transformation processes for production of non-living matter like fermentation process
of product such as beer, wine, vinegar. Living entity of artificial origin, such as micro-organism, vaccines, transgenic animals
and plants etc. Biological materials such as DNA, plasmids, genes, vector, tissues, cells, replicons etc. Process relating to living
entities, such as isolation, purification, multiplication, etc. Process relating to biological material.
7. Plant Patent: Plants are not patentable in India.
16. Evolution of Patents in Microorganisms
Year Event
1873 1st patent on microorganisms
1977 Budapest Treaty was signed
1980 Diamond V. Chakraborty case
2001 India joined Budapest Treaty
2002 Dimminaco A.G. case
2005 New Patening Regime
17. Patentable Ingredients in Biotechnology
1. RNA, DNA or Amino Acid Sequences: Random isolated sequences generally will not be
patentable if they have no utility, i.e., they have no known use at the date of filing
application. For example, ESTs sequenced without any function or utility is non-
patentable.
2. DNA & RNA Vectors: Novel vectors created in lab used for cloning or expressing gene
sequences may be patentable.
3. Cell Lines: Artificially produced cell lines are patentable.
4. Gene: A gene to which genetic alterations have been made are patentable, a gene in
recombinant form or newly isolated gene in pure form is patentable if its utility or
function is known.
5. Protein: Patent protection for a protein may be granted if the protein is not previously
characterized or has been isolated from a natural resource in pure form. A novel or
known protein obtained through RDT may be patentable. For example, hormone
expressed from recombinant vector.
18. Patentability of Biotechnology Inventions In India
• Discovery of any living thing occurring in nature is not patentable subject matter
in India.
• Plant and animals in whole or any part thereof including seeds; varieties, species
and essentially biological processes for production or propagation of plants and
animals are not patentable in India.
• Microorganisms and microbiological processes are patentable subject matter.
• Genetically modified multicellular organisms including plants, animals, human
beings and their parts are excluded from patentability in India.
• Human beings and embryonic stem cells are not patentable.
• Methods of medical treatment are also prohibited from patentability in India.
19. Biodiversity and IPR
• Biodiversity is the treasure in a developing country like India. India is classified among the
12 megadiversity centers of the world.
• India is a member of the Biological Diversity Convention. The Central government has
established the National Biodiversity Authority for regulating, transferring and using
biodiversity resources at the national level. The Biodiversity Act, 2002 has applicability
throughout India.
• Functions of National Biodiversity Authority (NBA)
The authority grants approval to applications for patents relating to biological research in foreign
countries.
The authority imposes terms and conditions for paying royalty, secure equitable sharing of benefits
that arise out of the use of accessed biological resource and their by-products.
The authority gives advice to the Central Government on matters related to conservation and
sustainable use of biodiversity. It also advices the State government to choose the areas that can be
notified as heritage sites.
The authority grants permission to the interested people to acquire biological resource in India,
permits them to acquire knowledge related to the biological research and transfer of results related
to the biological resource.
• Basmati case study: RiceTec Inc. is using a stolen name Basmati for rice which is derived
from Indian rice but not grown in India, and hence not the same quality.
20. Bioinformatics Patenting
• During 2000 and 2001, bioinformatics patents were given for computer-based methods
of determining the actions of drug candidates on cellar targets, methods for modelling
molecular interactions for rational drug design, use of 3D protein structures in rational
drug design and bioinformatics database structures.
• Types of intellectual property protection in bioinformatics involve the following.
Patents: Patents act an important incentive for technology development, protection and
innovation. Out of the various types of patents, utility patent is very much associated with
bioinformatics inventions, and can be obtained for a new, useful and non-obvious process,
machine, manufacture or composition of matter or new and required improvement on any of the
above process or product.
Trade Secret: Trade secrets can be used in the field of bioinformatics for securing the secrets like
software code, manuals, databases, factual laboratory data, formulas, processes and algorithms.
Copyrights: Copyrights can be used to protect bioinformatics-related material such as software,
code, books, scientific articles, web pages, manuals, computer algorithms, graphic networks,
multimedia works, manuals, etc.
Trademarks: Trademarks in bioinformatics are used to protect the trade names, product names,
domain names, service marks or slogans for bioinformatics companies.
21. Gene Patenting
• In India, 184 patents are held by the Council of Scientific and Industrial Research, 56 by Ranbaxy,
and 19 by Dr. Reddy’s Laboratories.
• Patents on genes have only been granted on isolated gene sequences with known functions. The
gene sequence can be utilized in four different ways.
Diagnostic Testing: A DNA sequence can be used as a probe that binds to DNA from an infectious agent
and carries a detectable fluorescent molecule, which helps in testing.
A Vaccine: Apart from live attenuated bacterium, a vaccine might also consist of a DNA sequence
unique to a disease-causing virus or bacterium.
Gene Therapy: In gene therapy, a normal gene replaces a malfunctioning gene. Thus, a normal version
of gene is required as a treatment measure.
Genetic Counselling: It provides information about an individual’s likelihood to develop a specific
condition or disease.
• Between 1981 and 1995, 1175 patents were granted worldwide related to human DNA
sequences.
• The gene sequence and DNA sequence with unidentified function are non-patentable.
• There are certain issues like the issue of gene patenting, which are at risk as their patentability
affects patients, industry, researchers and others.
22. Controversies in Gene Patent
S.No. Favouring Gene Patent Against Gene Patent
1 Patents on gene lead to the development of life-saving
medicines.
DNA sequences/genes are blueprints of life and play a
special role in carrying the information to construct a
human.
2 Gene patenting will force the disclosure of secret information,
e.g. Genentech patent on human insulin gene enabled
pharmaceutical company Eli Lilly to develop insulin for diabetics
‘Humulin’.
Gene is very closely related with species identity, so no
parts of it should be controlled by corporate interest.
3 Isolation of gene make it ‘artificial’ as no isolated gene
sequence occurs in nature. Thus it should be patentable as not
natural.
In case of humans DNA is unique and therefor possess
intrinsic value of sacred kind.
4 A patented gene differs from its intracellular counterpart in that
it is no longer a part of a chromosome and patents claims only
the protein coding part of a gene, not the entire gene.
DNA bears the image of God and is a product of nature,
not human ingenuity.
5 DNA sequence exists with a known function or use, but genetic
alteration makes it different from their form inside a cell and
should be patentable.
Plants, animals and microorganisms comprise life on
earth and a part of nature. These species, or their
molecules or parts, should not be converted to corporate
property through patent monopolies.
Novelty means that the invention should be new or innovative, i.e. it should not be available to the public earlier.
An invention must be an inventor’s own discovery. It can be either an improvement on existing articles or methods or even a small functional improvement.
A generic drug is the one which can be called as the copy of the original drug after the original drug expires from the term of patent.
The treaty does not defi ne the meaning of microorganisms but the range of materials able to be deposited under the Budapest treaty includes the following:❏ Cells: bacteria, fungi, eukaryotic cell lines, plant spores.❏ Genetic vectors (plasmids or bacteriophage vectors or viruses) containing a gene or DNA fragment.❏ Purified nucleic acids.❏ Naked DNA, RNA or plasmids.
The story of gene patenting started with the case of Diamond vs Chakrabarty on 16 June 1980 in the United States for the genetically altered oil-eating bacteria (Pseudomonas sp.), which was rejected earlier until the decision of US Supreme Court that held that genetic alteration of a bacterium DNA makes the natural product artificial and so is patentable.
Controller General of Patents, Designs and Trademarks