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| Date post: | 14-Apr-2017 |
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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
