Question
Define and explain the term Biopatent.

Answer

  1. Biopatent is a biological patent awarded for strains of microorganisms, cell lines, genetically modified strains, DNA sequences, biotechnological processes, product processes, product and product applications.
  2. It allows the patent holder to exclude others from making, using, selling or importing protected invention for a limited period of time.
  3. Duration of biopatentis five years from the date of the grant or seven years from the date of filing the patent application, whichever is less.
  4. Awarding biopatents provides encouragement to innovations and promote development of scientific culture in society. It also emphasizes the role of biology in shaping human society.
  5. First biopatent was awarded for genetically engineered bacterium ‘Pseudomonas’ used for clearing oils spills.
  6. Patent jointly issued by Delta and Pineland company and US department of agriculture having title ‘control of plant gene expression’, is based on a gene that produces a protein toxic to plant and thus prevents seed germination.

This patent was not granted by Indian government. Such a patent is considered morally unacceptable and fundamentally unequitable. Such patents would pose a threat to global food security as financially powerful corporations would acquire monopoly over biotechnological process.

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