Non-Obviousness/Inventive-Step –The Essential Requirement For Biotechnology Patent Prosecution

INTRODUCTION:

Patent protection plays a crucial role on which the biotechnology industry's tremendous investment in research and development as well as its growth rests. The biotechnological inventions majorly includes products and/or processes of gene engineering technologies, methods of isolation of micro-organisms from culture medium, methods of mutation, cultures, mutants, transformants, plasmids, processes for making monoclonal antibodies, etc.,¹ Often, the focus is laid on controversial issues surrounding biotechnology patenting such as criteria for patenting plants and animals, the patenting of gene sequences and related morality issues. Contrary to the aforesaid issues, majority of biotechnology patent applications will be decided on serious issues of patent system such as novelty, inventive step and industrial application as well as the sufficiency of disclosure and support of the description to the claims.