Tag: Gene Patents

Intellepedia - IP News Updates

Synthetic cell: Patent or No Patent?

First Publication Date: 27th May 2010. After reading today’s article titled “Patent-run for synthetic life form could be ‘damaging’, says Brit scientist” I thought I was having a Déjà vu. Looks like, once again, history repeats itself. Have you ever wondered as to why every time there is substantial progress in the field of Synthetic biology, we get mixed reactions? We are happy about the progress but when it comes to rewarding a patent to the inventors for the progress,…

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Natural or Man Made

This post was first published on April 4, 2010.   This is in furtherance of Mrs. Vinita Radhakrishnan's post regarding the US District Court decision on BRCA gene patents. Under the US Patent Law, anything that exists in nature is not patentable subject matter. This is also referred to as 'Product of Nature Doctrine'. The test for determining whether something exists in nature or not as laid down in Chakrabarty's case is whether a hand of man is involved in creating…

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

Citation: Nuziveedu Seeds Ltd. and Ors. Vs. Monsanto Technology LLC and Ors., MANU/DE/1388/2018. Brief Facts Monsanto (Monsanto Technology LLC.) holds an Indian Patent (Patent No. 214436, hereinafter referred to as "BT Patent") with respect to gene sequences and methods for inserting such gene sequences into plant cells to express Bacillus thuringiensis (BT) Delta-endotoxin to provide Bollworm resistance in plants. The final granted patent had two sets of claims: one set claiming the isolated, purified and modified gene sequences, and the…

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The image depicts an RNA strand

Laws of Nature / State of Art Interface

The laws of nature exclusion is one of the basic exceptions to patent eligibility in many jurisdictions. While the extent of its applicability may vary from country to country, it is recognized as one of the important elements for subject matter enquiry with respect to biology based inventions. Laws of nature include products of nature, natural relationships and natural phenomena, among others. The test that is commonly followed for determining whether an invention falls within the scope of laws of…

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