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Patenting of Biological Material - In we discussed the different intellectual properties and the rights 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. Before 1980, when the discovery of an oil-eating bacterium (Pseudomonas) by a nonresident Indian scientist (Dr. Chakrabarty), was patented in USA by a multinational corporation, the life forms could not be patented. A later patent issued for 'oncomouse' was another milestone in patenting of life forms.

Recently the issue of granting patents to life forms has also been disucssed in India. Even though, there are arguments against patenting life forms particularly in developing world, but the advent of biotechnology has made it necessary that patents of life forms be allowed, because in its absence, commercial firms would not like to invest in biotechnology research.

In this connection, there has been a lot of debate in India, because in recent years, USA has been pressurizing India through the multinational forum of GATT (General Agreement of Trade and Tariffs) to change many of its laws pertaining to patents.

In view of recent biotechnological developments, the discussion has now progressed beyond merely the question of-whether living organisms can be patented, and is now concerned with establishing solid criteria for granting patents. The existing patent laws are also being reinterpreted with regard to biological material.