Biotechnological patents are patents which protect inventions in the field of biology which under the Patents Act 1977 prohibits others from producing, distributing or importing the protected invention. Such inventions relate to genetic modification of animals or plants in order to enhance the characteristics of them and improve the quality of human life or adapt the industry. Biotechnological inventions encompass a variety of areas stemming from agricultural to pharmaceutical. For such inventions the same formalities for granting a regular patent are applied.
Granting patents for biotechnological inventions is an extremely controversial area because such inventions involve genetic modification of animals or plants or research carried out on embryos. Strangely, is it possible to obtain a patent in the UK for a new breed of animal. The European Patent Office granted a patent for a laboratory mouse that had been genetically modified (transgenic animal to develop cancerous cells rapidly to assist in finding a cure for cancer. As this is a sensitive and ethical area of law, decisions in this regard need to carefully consider animal rights and the potential benefits the patent have to human and animal life.
Technological advancement has allowed biotechnology to thrive exponentially in all aspects of life and have improved the quality of life for humans and animals alike. Biotechnology has become a crucial industry for the economy and the population which has led to an increase in employment and growth amongst countless useful products and appliances.
There are three colour coded areas of biotechnology known as green, white or red biotechnology. Green extends to agriculture and livestock management, white includes industrial processes and manufacturing whilst red consists of healthcare and pharmaceuticals.
Green biotechnology reinforces the development of new food with added nutritional value. It also promotes the use of proteins from non-animal and non-insect sources and uses probiotics to promote health. White biotechnology uses living cells to produce enzymes which in turn can be used in numerous industrial processes, such as the production of detergents and biomass. White biotechnology also helps reduce waste by providing alternatives to non-biodegradable plastics created from plants. Red biotechnology is the reason medical treatment and drugs which save lies are created. It encourages the medical industry to invent new drugs to save lives and incentivises medical professionals by granting patents. One extremely important bio pharmaceutical developed was insulin for diabetic humans which was created using deoxyribonucleic acid technology. This continuation of development has been supported by patents.
Biotechnological patents are extremely useful in encouraging humans to develop useful products to assist with daily life and also save lives. It is unambiguous that patents should be granted for such reasons. However, the means by which such results are produced will always be in question.
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By Zohaib Tahir, an LLM student at Solent University
