Patenting Microorganism and Intellectual Property Rights

The issue related to inclusion of microorganisms as patentable came into existence after implementation of Patents (amendment) Act, 2005. This amendment complies with Trade Related Aspects of Intellectual Property Rights (TRIPs), article 27.3(b). The amendment of Patent Act 2005 introduces product patent regime where microorganisms are considered as patentable. The patentable microorganism should satisfy the criteria of novelty, utility and non-obviousness. The new law does not define microorganism clearly, though naturally occurring organisms and genes identified from living organisms are not considered as patentable. Gene sequence, proteins and biotechnology products can be patented under product patent regime. Looking at the total scenario of patenting the microorganisms, it is most likely that it would evolve as a new field of patenting in biotechnology in India.