So
far, in previous blogs, I briefly elucidated some parts, procedures &
issues, w.r.t. IT Act, Patent, Designs, Copyrights, UDRP, TM, PCT,
Madrid Protocol. So, continuing the trend, would go back & discuss Biodiversity
in Patents, in general.
So, if one discovers a plant with medicinal properties, can exclusive rights on it be claimed? Nope!
If
one discovers a plant or microorganism with medicinal properties & build an
admixture from it; then can patent rights on it be claimed? Of course,
Not!
But
if one extracts, value added products (2(p) of B.D.
Act) i.e. extraction from it in an unrecognizable form which
are physically inseparable, to make use of it in other processes or
products, which are novel & Discovery + 1 (which is my definition
of an invention), can novelty rights on it be claimed? Yup! Why Not, as
long as, it doesn’t create monopoly nor have any unfair advantage, nor
is detrimental to/for the public use at large. Need Permission? Yup (R. 18 of B.D. Rules)! And when
the permission is needed? Before the sealing of Patent (6(1) of
B.D. Act). Advisable to get before the grant or even before the filing.
Where to take permission from? From National or State Board; depending on Residency. Whilst, those who were/are involved in indigenous practices or
were/are local cultivators of such, can commercially utilize
it without any intimation to anyone. Also, both the words commercial
& value added products, though contended to be confounding, aren’t
confounding at all, as latter is used by many in due course of action
without an intent of claiming rights nor infringing anything; & had
that not been the case, a prospective applicant then would not be in a position to claim to be exclusive/non-exclusive
owner of rights under ANTICIPATION in Patent.
Most
of the Medicinal Inventions are blessings of Nature only. It all started with
using plants as medicinal products, which Science took it furthermore &
modified! BTW, I used value added products in terms of
medicine, for elucidation purpose only, the context of the term, of course,
is not restricted to medicine only but hugely diversified. 😊
© Pranav Chaturvedi
.png)
No comments:
Post a Comment