LITERATURE REVIEW:

1. Westerlund Li, Biotech Patents, Kluwer Law International, 1st edition of 2002

This book discusses the concept of patentability of biotech patents and applicability of law on new
complex biological phenomenon. The author has developed a patent law theory with respect to
biotechnological inventions by examining the contradictions between biological and technological
realities with legal approaches and concepts. The book focuses on scope of patents and the
subsequent requirement for granting a patent and determining infringement when applied to
biotechnology.

2. Grubb Philip, Patents for Chemicals, Pharmaceuticals, and Biotechnology, Oxford University
Press, 5th edition of 2010

This book explains the practical aspect of patents related to biotechnology and pharmaceutical
matters. It discusses the concept of patents in the new technology and establishes a very good
distinction between invention and discovery. It has in detail explained the concept of micro-
organisms when being patented and when refused to be done so. This book in detail discusses the
concept of patentability of the biotechnology and subsequent problems with access to these
technologies by public.

3. Suja Senen and Haridas. M.G., Patenting of Microorganisms in India: A point to ponder,
Current Science, Vol. 100, No.2 ( 25 January 2011), pp. 159 – 162

This article elaborately explains the distinct practices of different countries with respect to India. It
elucidates that the India does not allow patenting of microorganisms which exist in nature but
genetically modified versions enhancing the efficacies are patentable. This article throws light on the
genesis of patenting and the legalities of patenting microorganisms in India with respect to other
countries.

4. Patenting Microorganisms, The British Medical Journal, Vol.4, no. 5733, 1970, pp. 503 -503,
JSTOR.

This article works as an introduction towards the medical aspect of the patents on micro-organisms.
It talks about the thin line of distinction between invention and discovery. It elucidates the use of
micro –organisms for generic drugs and the issues arising out of non accessibility to these drugs by
general public.

CHAPTERISATION:

Chapter 1 – Introduction

This chapter introduces the concept of patents on micro –organisms with a brief introduction
towards the laws of countries like India, UK and US. It will briefly mention the practical aspects
followed in these countries.
Chapter 2 – Patenting of Life forms

This chapter will in detail discuss the concept of patentability of life forms by discussing the
distinction between invention and discovery. It will discuss the general principles followed by these
counties when patenting life forms.

Chapter 3 – Interpretation of law with the TRIPS

This chapter is an explanation towards the laws of UK, US and India in light of the TRIPS agreement.
The comparison of the laws and best suitability of laws in the situation and environment of these
countries.

Chapter 4 – Future Concerns

This chapter discusses the future concerns towards the patents on micro organisms. The new
developments in the field of biotechnology and requirement of new laws on this aspect.

Chapter 5 - Conclusion