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Patent
Issues |
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The
Indian Council of Agricultural Research (ICAR) is the
apex body for planning, promoting, coordinating and
undertaking research and its application in agriculture
and allied sciences in the country. It is funded by
Government of India (GOI) through the Department of
Agricultural Research and Education (DARE) in the Ministry
of Agriculture. It is the nodal agency of the National
Agricultural Research System (NARS) comprising Central
and State Agricultural Universities, Central Universities
and affiliated colleges of agriculture, and other organizations
-- public and private, national and international --
dealing with agricultural research. ICAR envisions harnessing
science through generation, refinement and assessment
of appropriate technologies that will ensure comprehensive
sustained physical, economic and ecological access to
food, nutrition and livelihood security for all. The
transfer of IPR enabled agricultural technologies through
commercial route will gain greater importance. In response
to the changing scenario of technology generation and
dissemination, ICAR has developed a policy framework
that will guide the management of IP created by its
scientists/innovators at its institutions or elsewhere,
and that developed with its support. The policy framework
could also apply to the Central Agricultural University
(CAU), which is also funded by GOI.
The
Manual of Patent Practice and Procedure of Indian Patent
Office clearly describe the following facts:
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The
living entities of natural origin such as animals, plants,
in whole or any parts thereof, plant varieties, seeds,
species, genes and micro-organism are not patentable.
Any process of manufacture or production relating to such
living entities is also not patentable. |
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The
living entity of artificial origin such as microorganism,
vaccines are considered patentable.
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The
biological materials such as organs, tissues, cells, viruses
etc. and process of preparing thereof are not patentable
under Section 3 (c). |
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The
biological material such as recombinant DNA, Plasmids
and processes of manufacturing thereof are patentable
provided they are produced by substantive human intervention. |
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Gene
sequences, DNA sequences without having disclosed their
functions are not patentable for lack of inventive step
and industrial application. |
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The
processes relating to microorganisms or producing chemical
substances using such microorganisms are patentable. |
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Also,
ICAR Guide lines for Intellectual Property Management
and Technology Transfer/ Commercialization states the
fact that, ICAR will seek patents on microorganisms as
per the Patents Act. In particular, it will not seek patent
on a microorganism in the same form in which it is retrieved
from its natural habitat.
Thus, the NBAIM is making efforts to produce, register
and document the novel microorganisms, genes, and microbiological
processes for patents. |
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Guidelines
of ICAR for IPR Management - hyper link to
www.icar.org.in/miscel/icar-ipmttcguide.pdf |
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Manual
of Patent Practice and Procedure of India - hyper link
to-
www.patentoffice.nic.in/ipr/patent/manual-2052005.pdf |
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World
Intellectual Property Organization-
www.wipo.int/portal/index.html.en
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