Question

What is a biopatent? Give any two examples.

Answer 1

Biopatent:

1. A biological patent is a legal document that grants the patent holder the right to prevent others from using, selling, creating, or importing the protected invention for a set period.
2. Since a product may be simply copied by anybody once it is on the market.
3. Consequently, patent protection is necessary to prevent duplication.

Examples:

1. Neem:

1. The European Patent Office (EPO) dismissed WR Grace's appeal against a decision it issued in May 2000 maintaining India's argument that the therapeutic plant was a part of Indian folklore.
2. USDA and WR Grace received a patent from EPO in 1994 for neem-based biopesticides used on food crops.

2. Basmati rice:

1. In 1997, an American business obtained patent protection for Basmati rice from the US Patent and Trademark Office, enabling it to market a "new" type of Basmati both domestically and internationally.
2. This brand-new Basmati variant was created using Indian farmer's variations.
3. Semi-dwarf cultivars of Indian Basmati were crossed, and the result was marketed as a creation or novelty.