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Refused Patent Applications in India in the Field of „Traditional Knowledge Biotechnology‟

NOPR - NISCAIR Online Periodicals Repository

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Field Value
 
Title Refused Patent Applications in India in the Field of „Traditional Knowledge Biotechnology‟
 
Creator Kumar, Pankaj
Sharma, Ameeta
 
Subject Traditional Knowledge Biotechnology
Indian Patent Applications
Refusal Grounds
IPR Ownership
Traditional Knowledge Digital Library
Field of Invention
Biological Diversity Act
2002
 
Description 311-322
The governance of bio-technology patent is a complex process especially in the field of „Traditional Knowledge Biotechnology‟. The critical aspect with biotechnological inventions is establishing „novelty‟. It is noted in every patent application that there is an examination report which mentioned objections including of „novelty‟ by the examiner. Further, it is noted that most of applications found by the examiner „obvious‟ or „non-inventive‟ in view of cited art as indicated in the examination reports, although many inventions having some value additions over the prior-art as replied by the applicant during prosecution of such applications differentiating the applied invention from the cited art. This study analyzes, around 100 patent applications filed in India during year 2004 to 2021 and enlist the main grounds of refusal of patents in the field of „Traditional Knowledge Biotechnology‟. The aim of the study is to explore the patenting aspects and related issues of biotechnological products from traditional knowledge.
 
Date 2022-02-04T09:41:09Z
2022-02-04T09:41:09Z
2021-11
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscair.res.in/handle/123456789/59062
 
Language en
 
Publisher NIScPR-CSIR, India
 
Source JIPR Vol.26(6) [November 2021]