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Title: Gene Patents in India: Gauging Policy by an Analysis of the Grants made by the Indian Patent Office*
Authors: Ravi, Bhavishyavani
Keywords: Genes;Patents;Biotechnology;Policy;DNA;cDNA;Recombinant;Section 3(i);Section 3(c)
Issue Date: Jul-2013
Publisher: NISCAIR-CSIR, India
Abstract: Patentability of genes has been controversial in the recent past. While the Patents Act, 1970 in India prohibits patenting naturally occurring substances, patents covering genetic material and nucleotide sequences have been granted. Owing to a lack of case law, this paper studies the patents granted by the Indian Patent Office (IPO) in order to understand the standards adopted by it in granting patents for nucleotide sequences. The paper examines the claims of five different patents along with available file wrapper documents/prosecution history documents to gauge the IPO’s practice in granting such patents.
Page(s): 323-329
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.18(4) [July 2013]

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