Towards Patentability of Essentially Biological Processes

129-138This paper addresses the issue of patentability of ‘essentially biological processes’ in India in view of increased importance of biotechnological inventions. The Indian Patent Act excludes the ‘essentially biological processes’ from patentability in order to be in conformity with Article 27 3(b) of TRIPS. However like TRIPS, the Indian Act does not provide any definition or content of the same. It is understandable in case of TRIPS as due liberty was intended to be offered to the member countries; non-specification by India is baffling. United Kingdom has provided a concrete definition to the term in its Biotechnological Directive and United States through case laws has narrowed the content of ‘essentially biological process’ considerably. India is in dire need of foreign investment and inventors for the development of biotechnology and such non-specification would act as a strong disincentive for any foreign contribution forthcoming. This paper urges the Government to enact specific amendments to the primary patent legislation for incorporation of definition and content of the term in question distinguishing it from other similar terms like microbiological processes which have been excluded from exclusions