Patenting of Biological Material
In previous chapter, we discussed the different intellectual properties and the rights available to protect these properties, particularly when they involve biotechnological processes or products. Of these properties, patents are the most important.
Even though, patenting of inventions arising from basic research (commercially significant) were earlier considered unfashionable or ethically dubious, it is now viewed more favourably by many. Different countries have different patent laws, which can be modified from time to time.
Patents are granted or complaints of infringement of these patents decided by courts in accordance with the patent law of the concerned country. The life forms could not be patented before 1980, when the discovery of an oil-eating bacterium (Pseudmonas)by a non-resident Indian scientist (Ananda Chakrabarty), was the first case of a life form to be patented in USA by a multinational corporation. A later patent issued for 'oncomouse' was another milestone in patenting of life forms.

In India, the patent law till recently was based on India Patent Act of 1970, which has been reviewed for change due to international pressure. As mentioned in the previous chapter, the 1970 patent law did not allow product patents on foods, chemicals, drugs, and pharmaceuticals.
Only process patents were granted in these areas. Therefore, the same product could be produced by an alternative process, which was more cost effective. In case of dispute, the burden of proving that the product was not produced by alternative process, laid with the original patent - holder, wholodged the complaint. The patent laws in USA and Europe, however differed from those in India.