BIOLOGICAL PATENT Meaning and
Definition
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A biological patent is a type of intellectual property protection granted to inventors or entities who have developed a novel and useful invention related to living organisms or biological processes. It provides exclusive rights to the patent holder for a specified period, typically 20 years from the filing date, to prevent others from making, using, selling, or importing the patented invention without their permission.
This form of patent primarily focuses on inventions involving living organisms, including genes, proteins, genetically modified organisms (GMOs), vaccines, diagnostic tests, new plant varieties, pharmaceutical compositions, or processes for producing or utilizing biological materials. It encompasses a wide range of fields such as biotechnology, agriculture, medicine, and pharmaceuticals.
To obtain a biological patent, the invention must meet specific criteria, including novelty, non-obviousness, and utility. It must be a new creation or a significant improvement over existing knowledge or technology, not simply a discovery of a naturally occurring organism or substance.
Biological patents are crucial in promoting innovation and commercialization of biotechnological inventions. They enable inventors to recoup their research and development costs, encourage investment in new technologies, and foster the development of life-saving drugs, advanced therapies, or environmentally friendly agricultural practices.
However, biological patents have raised ethical concerns due to the potential implications on public health, environmental safety, and accessibility to essential resources or genetic information. Balancing the rights of inventors and the broader societal interests has been an ongoing debate, leading to constant legal and ethical discussions regarding the scope and limitations of biological patents.
Etymology of BIOLOGICAL PATENT
The word "biological" is derived from the Greek word "biologikos", which is a combination of "bios" meaning "life" and "logos" meaning "study" or "science". The term "biological" refers to anything related to the study or science of life.
The word "patent" is derived from the Latin word "patens", which means "open" or "accessible". It originally referred to a governmental grant or privilege given to an individual or organization for exclusive rights to an invention for a specific period of time.
Therefore, the term "biological patent" combines these two words to describe a patent that is related to an invention or discovery involving living organisms, biological processes, or biological materials. It refers to a legal protection granted by a government to prevent others from making, using, or selling a particular biological invention without the patent holder's permission for a specified period of time.
