Biological patent
Biological patent is a patent on an invention in the field of biology that by law allows the patent holder to exclude others from making, using, selling, or importing the protected invention for a limited period of time. The scope and reach of these patents vary widely, depending on the country and the specific set of laws.
Etymology[edit | edit source]
The term "biological patent" is a combination of the word "biological", derived from the Greek word "bios" meaning "life", and "patent", which comes from the Latin word "patere" meaning "to lay open".
History[edit | edit source]
The concept of biological patents is relatively recent. The first biological patent was granted by the United States Patent and Trademark Office (USPTO) in 1980, in the case of Diamond v. Chakrabarty. The patent was granted to a genetically modified bacterium capable of breaking down crude oil, marking the first time a living organism had been patented.
Types of Biological Patents[edit | edit source]
Biological patents can be categorized into three main types:
- Gene patents: These are patents on specific isolated genes, their sequences and their usage.
- Plant patents': These are patents that cover asexually reproduced any new and distinct variety of plant.
- Pharmaceutical patents: These are patents on drugs and their production process.
Controversies[edit | edit source]
Biological patents have been the subject of much controversy, particularly in the areas of genetic engineering, stem cell research, and pharmaceutical drugs. Critics argue that these patents hinder research and the free exchange of ideas, while proponents argue that they are necessary to incentivize innovation and protect investment.
Legislation[edit | edit source]
Different countries have different laws regarding biological patents. In the United States, the USPTO grants biological patents. In Europe, biological patents are granted by the EPO. The WIPO is an international body that governs international patent laws.
See also[edit | edit source]
- Intellectual property rights in biotechnology
- Diamond v. Chakrabarty
- Monsanto Co. v. Geertson Seed Farms
References[edit | edit source]
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