Refused Patent Applications in India in the Field of „Traditional Knowledge Biotechnology‟

Kumar, Pankaj ; Sharma, Ameeta

Abstract

The governance of bio-technology patent is a complex process especially in the field of „Traditional Knowledge Biotechnology‟. The critical aspect with biotechnological inventions is establishing „novelty‟. It is noted in every patent application that there is an examination report which mentioned objections including of „novelty‟ by the examiner. Further, it is noted that most of applications found by the examiner „obvious‟ or „non-inventive‟ in view of cited art as indicated in the examination reports, although many inventions having some value additions over the prior-art as replied by the applicant during prosecution of such applications differentiating the applied invention from the cited art. This study analyzes, around 100 patent applications filed in India during year 2004 to 2021 and enlist the main grounds of refusal of patents in the field of „Traditional Knowledge Biotechnology‟. The aim of the study is to explore the patenting aspects and related issues of biotechnological products from traditional knowledge.

Keyword(s)

Traditional Knowledge Biotechnology; Indian Patent Applications; Refusal Grounds; IPR Ownership; Traditional Knowledge Digital Library; Field of Invention; Biological Diversity Act, 2002

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