Intellectual Property Rights in Microbiology

Abstract

Intellectual property basically takes into consideration any creation or innovation which could be seen as a sort of asset or a physical property related to individual’s intellect. Intellectual property rights (IPRs) have been mainly categorized into four major areas including patents, copyrights, trademarks, and rights related to some unique design. IPR in the field of microbiology and more specifically for microorganisms is of paramount importance. Modern biotechnology includes microbiology and other allied fields including microbial biotechnology, industrial biotechnology, and food biotechnology. The advancements in life science disciplines with the evolution of microbial biotechnology, recombinant DNA (rDNA) technology, and genetic engineering have pressed policy makers to consider the engineered microorganisms and their products to be patentable. Any invention may lead to grant of a patent if the invention meets the standard criteria of being novel in itself or it has significant commercial applicability or industrial prospects. Whether microorganisms are patentable or not has still remained a question of debate, but the microbial products, metabolites, production processes, and techniques are very much patentable. In present scenario, native microorganisms are not patentable but genetically engineered ones, and having industrial importance can be considered to be patented subject to satisfying other regulations. Current chapter collectively describes various rights attributed to intellectual property in general and what are the prescribed guidelines related to microorganisms and their products for patent filing.