Patentability of genetic inventions; challenges and dilemmas

Girish Maniyedath
Assistant Professor (Law),
MCT College of Legal Studies, Malappuram

Arnold Daniel James
Advocate,
High Court of Kerala


Abstract

Genes forms the basic element of human life including the basis for his emotional and intellectual constitution. Scientific advancement in gene based technologies is advancing rapidly and patenting of such inventions becomes a major issue in the legal scenario as it has immense advantages and major embroilments. In this article we are examining gene (isolation of DNA) patenting in Indian legal scenario for that we examined the general ethical challenges in patenting and whether our patent law consider ethics in our patent law, lastly, we discuss whether genes can be an invention according to patenting standards of our law.

Keywords: Patentability, Intellectual Property, Genetic Inventions, Isolation of DNA

Preferred Citation

Girish Maniyedath & Arnold Daniel James, Patentability of genetic inventions; challenges and dilemmas, The Lex-Warrier: Online Law Journal (2018) 1, pp. 19 – 25, ISSN (O): 2319-8338

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