Everything You Must Know About Patents in the Biotechnology Sector
The chief purpose of companies in the biotechnological sector is to develop products in the pharmaceutical, agricultural, industrial and environmental areas. When the researchers in the sector come up with a new invention, it needs to be protected through patent registration in the UAE or other relevant jurisdictions. Most products we use in our daily lives are the result of biotechnological advancements including vaccines. Therefore, patent protection is more relevant in the biotechnology sector than in any other field.
However, patent agents in the UAE advise inventors to carry out extensive prior research before filing patent applications. This is because there are many grey areas when it comes to patenting biotechnology products or inventions. In this article, we will discuss everything you must know about biotechnology patents including the challenges and grey areas.
Importance of Biotechnology Patents
Biotechnology deals with the application of cellular and molecular biology to create or alter products or processes. Scientists pin their hopes on biotechnology as it is expected to bring breakthroughs in various key sectors including health, food, energy, and the environment. Given its higher degree of importance in everyday life, biotechnological inventions need to be patented as per the relevant IP laws and procedures in relevant territories. Consult with patent agents in the UAE to know further about the procedures.
Key Challenges of Biotechnology Patents
The patentability criteria are the top grey area when it comes to registering a biotechnology patent in any region. Even though patentability criteria set out in all the patent laws apply almost equally to all types of inventions, its application to biotechnology is slightly different. Unlike other fields, many peculiarities exist in biotechnology regarding patentability.
The patentability of biological materials, isolated or derived from naturally occurring living organisms, is a debatable issue when it comes to biotechnology patents. Some argue that such biological aspects are not patentable as they are discoveries and not inventions. However, some others argue that they can be regarded as man-made inventions. In terms of industrial applicability, exclusive patent rights can be achieved if an appropriate level of concrete and practical use of the invention is disclosed in the patent application.
Key Requirements for Registering a Biotechnology Invention
Applying for a biotechnology patent involves many challenges and hence needs much prior research. Consulting with patent agents or attorneys can reduce the challenges associated with the process. You need to identify the challenges and develop a seamless strategy to avoid patent rejection and delays. Carrying out patent registration through patent agents in the UAE will give you more insight and help you get the patent faster. Here is a list of fundamental aspects you can use before applying for patent registration:
- You must ensure that the proposed biotechnology invention is patentable and does not fall under the restricted list of a given territory. Certain countries such as India have a list of omitted items for biotechnology patents
- Inventors must assess that their invention involves industrial applicability. Industrial applicability means that the invention must have an application in the relevant field of technology and can be reproduced with similar characteristics
- Though the novelty of biotechnological inventions does not have specific provisions in the patents act, and most biotechnological inventions are products of nature, the invention must possess the quality of novelty to qualify as a biotechnology patent.
- The proposed biotechnological invention needs to have an inventive step. It means that given the detailed specification, the proposed invention should not be obvious to a person with ordinary skills in the field of technology.
- The application should disclose the complete specification of the source and geographical origin of the biological material if any used in the invention.
- The proposed biotechnology invention should have the quality of novelty to qualify as a biotechnology patent.
Hire the Best Patent Agents in the United Arab Emirates
The procedures for preparing and filing biotechnology patents are intricate, requiring the guidance of the best patent agents in the UAE such as Jitendra Intellectual Property (JIP). JIP has sufficient experience and expertise in carrying out patent registration in the UAE and other key territories. Since biotechnology patent registration is a complex process, inventors can use our patent services in Dubai to simplify the process.
Using JIP’s patent services can help you to avoid the patent applications getting rejected, or losing your complete claim over the proposed invention from which the competitors may benefit. Carrying out the process of patent registration in the UAE or any other region through JIP’s patent agents will provide you with more insight and help you to obtain patent protection faster.