Patentability of Biotech/Pharma

By Dr. Kalyan and Ms. Vinita Blog: www.indianipinfo.blogspot.com

© 2009 Brain League IP Services Pvt. Ltd

“Biotechnology can transform humanity provided humanity wishes to be transformed.” -Geoffry Carr

Arguments
Ignore Deny Balance Advantage

A is accused of stealing diamonds from B
Available evidence A was seen running from B's house at the time of theft. A was caught by police in possession of Diamonds. A had asked B to sell the diamonds about ten times before the theft.

W hy is Biotechnolog y Unique?

Why is Biotechnology Unique?
Involves living organisms Diverse fields Long gestation period Morals and Ethics Fear of the unknown Thin line between discovery and inventions

Patentability of Biotechnology and Pharmaceutical Inventions

Patentability Requirements
Patentable Subject Matter Industrial Applicability Novelty Non-obviousness Specification

Patentable Subject Matter
Eligible Subjects Exclusions India USA Europe

Case 1
Invention - Innoculum of mutually noninhibiting Rhizobium Bacteria (Funk Bros case) Is it patentable subject matter?

Case 2
Invention - Pseudomonas Bacteria capable of degrading oil spills. Four different plasmids inserted into it. (Chakrabarty case) Is it patentable subject matter?

Case 3
Invention - Oncomouse - cancer induced into the mouse. Is it patentable subject matter?

Case 4
Invention - Genetically modified corn plant, which produces sweet corn. Is it patentable subject matter?

Case 5
Invention - Gene sequence responsible for Retinitis Pigmentosa

Is it patentable subject matter?

Case 6
Invention - Human/Animal Chimera Is it patentable subject matter?

Case 7
Invention -A method of enhancing skin complexion by inserting the gene responsible for fairness. Is it patentable subject matter?

CASE 8
Invention - Benzomorphine when morphine has been patented. Is it patentable subject matter?

Case 9
Invention - Mixture of turmeric, milk and pepper for throat problems. Is it patentable subject matter?

Industrial Applicability
Make Use Repeat Substantial Credible Specific

CASE 1
Invention - Express Sequence Tags of maize Is it Industrially Applicable?

Case 2
Invention - Intermediate for a compound used for cancer treatment
• Thiazole • 2-chloro-5-chloromethyl-thiazole

Is it Industrially Applicable?

Novelty/Non-obviousness
Single Prior Art Reference Combination of prior art POSA

Case 1
Invention - cDNA sequence for Epo Prior art First 19 amino acids of n-terminal sequence of Epo General gene sequence technique Is it Novel and Non-obvious?

Case 2
Invention - Alpha-Levo-Benzo-Morphine for analgesia without addiction Prior Art Morphine - addictive Is it Novel and Non-obvious?

Case 3
Invention - Paracetomol and Flunerzine Prior Art Paracetomol Flunerzine

Is it Novel and Non-obvious?

Case 4
Invention - Stent coated with taxol Prior Art Stent Taxol Is it Novel and Non-obvious?

Questions ?
Contact : Kalyan C. Kankanala Chief Knowledge Officer, Brain League IP Services Email: kalyan@brainleague.com Ph: 91-80-41489502/4 Url: www.brainleague.com

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