Genetic patent law and strategy

The evolution of genetic science promises the power to transform humanity. While the geneticists offer to cure the world of all its problems, the commons view the field with caution because of its interface with life. Though the benefits offered by the field seem to be unlimited, genetics as field is nascent and uncertain. The ambiguities inherent in the field pose challenges for application of the traditional patent principles to genetic inventions.

Due to variations in social, economic and ideological conditions the patent law relating to genetic inventions is treated differently in different countries. Concepts under the patent law relating to gene-bases inventions like what is and what should be patentable, which inventions are useful, what should e the standard of novelty and non-obviousness, how should be imposed on the use of patented inventions in the name of morals, ethics and public policy have been expounded by laws of different countries in a diverse manner.

The ambiguity and diversity inherent in the application of patent law to genetic inventions makes the analysis of patentability and related business advantage complex. The complexity can be alleviated by studying the patentability of genetic inventions in USA, Euorope and India from a comparative perspective with the help of case studies and examples. The process of analyzing patentabliity and their impact on business can be simplified with help of patent filter model.

Patent Application in gene invention is done in most countries of the world including USA, India, Europe, Canada, China, Korea, Germany, Holland, Britain, Australia, Japan, Genetic patent application can be for gene patent, patent ductus arteriosis, patent ductus arteriosus, biotech patent, biotechnology patent, gene patenting, patent foramen ovale, patent medicine.

The Patent regime is believed to promote the progress of science and technology by providing incentives to inventors and inventors in the form of exclusive rights. Through these incentives, the patent system encourages investment for R&D, expands the limit of a discipline, fosters invention and mandates disclosure. As the incentives form the foundation for operation of the patent system, a granted patent would be an indication of R&D, inventive activity, and technology progress. Furthermore, as patents grant exclusive rights to exploit the inventions commercially for a limited period of time, they represent indicators of business activity.

Patents have been recognized to be a source of empirical data to understand and analyse inventive activity/innovation, trends and specifies in technology of development, R&D processes, technological change and innovation and investment patterns.

Author: Manupatra