Question

Which of the following statement is incorrect regarding biopatents?

• A. Biopatents provide the inventor with exclusive rights for the modification or usage of their invention
• B. Biopatents can be granted to organisations for the discovery of bioresources that belong to other people, without the concerned person's authorisation
• C. Biopatents prevent all, other than the inventor from enjoying the benefits of making, using, or selling the invention
• D. In India, the second amendment of the Indian Patents bill considers emergency terms of the patent provisions

Answer 1

The correct option is B Biopatents can be granted to organisations for the discovery of bioresources that belong to other people, without the concerned person's authorisation

Biopatents are the exclusive rights granted to the inventor or their assignee for the modification or usage of living organisms, their products and technologies, that make use of the genetic material, for public services.

It is a type of intellectual property right that would provide the owner the legal right, for a limited period of time, to ensure that no one else benefits from making, using, or selling the invention.

But many developed countries, exploit the bioresources or traditional knowledge of poor developing countries and claim patents for the same. The same can happen to individuals where organisations take the credit and patents for their innovations without their approval or without any compensatory remuneration to them. This is an act of biopiracy and patents for the same should not be granted.

To avoid the breach of ethical standards and biopiracy in the field of biotechnology the second amendment to the Indian Patent Bill was made by the Indian Parliament. This amendment introduced new guidelines into the bill that consider the emergency terms of the patent provisions.