Modern techniques such as recombinant DNA (rDNA) technology and genetic engineering under microbial biotechnology discipline have created enormous commercial possibilities and led to the policymakers to consider genetically engineered microorganisms and related products to be patentable. Though a large number of patents on inventions in microbial biotechnology such as microbial products, metabolites, production processes, and techniques have been granted, yet the issue of patentability of microorganisms still remains a highly contentious issue. Apart from patentable subject matter criterion, an invention can only be made patentable if it meets the other criteria for patents, viz., novelty, inventive step, and industrial applicability. After passing the patentable subject matter criterion, inventions in microbial biotechnology realm often fall short of either of the aforementioned criteria. The chapter examines the legal and commercial aspects of microbial technology with the special focus on the patentability of microorganisms and the special requirement for the deposition of the same.
Modern techniques such as recombinant DNA (rDNA) technology and genetic engineering under microbial biotechnology discipline have created enormous commercial possibilities and led to the policymakers to consider genetically engineered microorganisms and related products to be patentable. Though a large number of patents on inventions in microbial biotechnology such as microbial products, metabolites, production processes, and techniques have been granted, yet the issue of patentability of microorganisms still remains a highly contentious issue. Apart from patentable subject matter criterion, an invention can only be made patentable if it meets the other criteria for patents, viz., novelty, inventive step, and industrial applicability. After passing the patentable subject matter criterion, inventions in microbial biotechnology realm often fall short of either of the aforementioned criteria. The chapter examines the legal and commercial aspects of microbial technology with the special focus on the patentability of microorganisms and the special requirement for the deposition of the same.