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Exercise · Q17

Q.Define and explain the term: Biopatent.

Maharashtra MsbshseTextbookSubjectiveImportance★★★★★
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Step 1. A patent is a special right granted to an inventor by the government, treated as the inventor's personal, transferable property, and made up of three parts -- the grant (agreement with the inventor), the specification (subject matter of the invention), and the claims (scope of protection).

Step 2. A biopatent is simply a patent covering a biological invention -- awarded for microorganism strains, cell lines, genetically modified strains, DNA sequences, biotechnological processes, and their resulting products/applications.

Step 3. It gives the holder the right to exclude others from making, using, selling or importing the protected invention, for five years from the grant date, or seven years from the filing date, whichever is shorter; Indian law allows only a 'process patent', not a 'product patent'. …

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