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Growing up as an Indian, many of us start our mornings either with tea, coffee, or milk.But what we might not have wondered is that the ability to enjoy these beverages,through its key ingredient milk, arrives from a victory within a complicated field ofIntellectual Property Law: Biotechnology Patents. To thank this we need to go way back in 1873, when a microbiologist Louis Pasteurpatented a novel yeast making process; which today we term as pasteurization process.Most of our commercial milk producing...

INTRODUCTION (Why Patents?) The Indian law governing and safeguarding inventions is enshrined in the Patents Act, 1970. A patent provides a right to an inventor(s) to exclude others from exploiting the patented invention. Therefore, anyone other than the inventor cannot use, make or sell the patented invention without permission from the inventor. The exclusive right obtained via patenting the said invention will give the right to commercialize the same exclusively and hence higher returns in the market by virtue of having the...

The Ministry of Commerce and Industry (MCI) on September 21, 2021 issued the Patents (Amendment) Rules, 2021 to further amend the Patents Rules, 2003. Accordingly following amendments are proposed: Rule 2 (ca), which specifies the definitions, a new definition has been inserted, namely:“eligible educational institution' means an institution established by a Central, Provincial or State Act, which is owned or controlled by the Government, and is wholly or substantially financed by the Government.”Rule 7 (1), for the second proviso, the following proviso...