Interface between Legal and Moral Implications on Patenting Biotechnological Inventions: A Comparative Analysis of the Patents Law of India, the US and the EU

Abstract

The biotechnology industry has seen one of the most significant expansions in the Patent Laws. It is challenging for a law to link with protecting the intangible property vested in biotechnology patents, as the biotechnology resources come from living organisms. Patenting biotechnological inventions raises legal, ethical and moral concerns. In the light of the current context, this paper examines patents law of Section 3(b) of the Indian Patents Act, 35 U.S.C Section 101 of the U.S. Patent Law, Article 53(a) of the European Patent Convention and Article 6 of the EU Biotech Directive. The paper compares the legal structure of these three countries, illuminating the similarities and differences in interpreting morality provisions by referring to various case precedents, statutes, and legal references within the patent laws of the United States and the European Union as a benchmark for evaluating India’s patent system. The paper proposes and suggests clarifying morality clauses of the Indian Patents Act to keep up with the advancements in Biotechnology inventions by providing a clear definition of morality and contrary to public order instead of patent controllers exercising their discretionary power unguided. The paper highlights that it is vital to consider moral and ethical implications as biotechnology evolves, ensuring that law and morality should foster a holistic and informed approach to shaping the future of biotechnological inventions in a global context.