PATENTABILITY OF BIOTECHNOLOGY INVENTIONS

Abstract

Advances in technology have made patenting of biotechnology inventions mandatory. The patent law system contains general clauses prohibiting the patenting of inventions contrary to public order or morality. Recent years have brought numerous debates on limiting the possibility of patent protection for biotechnology inventions for ethical reasons. The existing literature examines bioethical justification in terms of the principles of respect for autonomy, non-maleficence, beneficence and justice. The primary purpose of this study is to explore the uncertainty of ethics guidelines provided by the Indian Council of Medical Research (ICMR) and section 3(b) of the Indian Patents Act 1970 and the applicability of the bioethics principles.