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ARTICLE · 05 MARCH 2020

Microorganisms And The Indian Patents Scenario

Khurana & Khurana, Advocates and IP Attorneys
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A microorganism is a microscopic organism, known to be one of the earliest life forms on earth.

IndiaIntellectual Property

Introduction:

A microorganism is a microscopic organism, known to be one of the earliest life forms on earth. Viruses, fungi, bacteria, archaea, protozoa and algae are the six major forms of microorganisms, exploited expeditiously by the biotechnologists and micro-biologists for research purposes. From beer brewing, bread making to mass production of antibiotics, microorganisms is used in all such processes by the scientists to reach the desired results. Genetic engineering techniques, DNA typing etc., have further paved way for genetically modified organisms such as the genetically modified bacterium, as in the US Supreme court case of Diamond v. Chakrabarty.

The case of Diamond v. Chakrabarty1 in 1980s, opened gates for the patentability of microorganisms, wherein the claim of a Micro-biologist Dr. Ananda Chakrabarty, for the grant of patent for a live human made & genetically engineered bacterium, capable of breaking the components of crude oil was accepted by

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