biotechnology patents | Intellepedia

Synthetic cell: Patent or No Patent?

The post explores the legal and ethical dimensions of patenting synthetic cells, referencing key historical cases and current controversies. It assesses whether such patents hinder or promote technological progress in synthetic biology.

Natural or Man Made

This post analyses the product of nature doctrine and gene patentability under US law, with reference to the BRCA gene patent case. It objectively evaluates legal and ethical perspectives, emphasising the importance of balancing innovation with access.

Diamond v. Chakrabarty, 447 U.S. 303 (1980)

The Supreme Court in Diamond v. Chakrabarty held that human-made microorganisms are patentable under Section 101 of the Patent Act. The case clarified that patent eligibility depends on human ingenuity rather than the living or nonliving status of the invention.

Nuziveedu v. Monsanto – Patentability of Gene Sequences in India (Case Brief and Comments)

This case brief analyses the Nuziveedu v. Monsanto ruling on the patentability of gene sequences in India. The post critiques the Delhi High Court’s reasoning under Section 3j of the Patents Act and highlights issues needing further legal scrutiny.

Laws of Nature / State of Art Interface

This post explores how the laws of nature exclusion shapes patent eligibility, especially in biotechnology. It discusses key judicial decisions and the impact of state of the art on the scope of this legal doctrine.