Genetic Patent Law and Strategy

The evolution of genetic science promises thesimplified with help of patent filter model.
power to transform humanity. While thePatent Application in gene invention is done in
geneticists offer to cure the world of all itsmost countries of the world including USA, India,
problems, the commons view the field withEurope, Canada, China, Korea, Germany, Holland,
caution because of its interface with life. ThoughBritain, Australia, Japan, Genetic patent application
the benefits offered by the field seem to becan be for gene patent, patent ductus arteriosis,
unlimited, genetics as field is nascent and uncertain.patent ductus arteriosus, biotech patent,
The ambiguities inherent in the field posebiotechnology patent, gene patenting, patent
challenges for application of the traditional patentforamen ovale, patent medicine.
principles to genetic inventions.The Patent regime is believed to promote the
Due to variations in social, economic and ideologicalprogress of science and technology by providing
conditions the patent law relating to geneticincentives to inventors and inventors in the form
inventions is treated differently in differentof exclusive rights. Through these incentives, the
countries. Concepts under the patent law relatingpatent system encourages investment for R&D,
to gene-bases inventions like what is and whatexpands the limit of a discipline, fosters invention
should be patentable, which inventions are useful,and mandates disclosure. As the incentives form
what should e the standard of novelty andthe foundation for operation of the patent
non-obviousness, how should be imposed on thesystem, a granted patent would be an indication
use of patented inventions in the name of morals,of R&D, inventive activity, and technology
ethics and public policy have been expounded byprogress. Furthermore, as patents grant exclusive
laws of different countries in a diverse manner.rights to exploit the inventions commercially for a
The ambiguity and diversity inherent in thelimited period of time, they represent indicators of
application of patent law to genetic inventionsbusiness activity.
makes the analysis of patentability and relatedPatents have been recognized to be a source of
business advantage complex. The complexity canempirical data to understand and analyse inventive
be alleviated by studying the patentability ofactivity/innovation, trends and specifies in
genetic inventions in USA, Euorope and India fromtechnology of development, R&D processes,
a comparative perspective with the help of casetechnological change and innovation and
studies and examples. The process of analyzinginvestment patterns.
patentabliity and their impact on business can be