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Biotechnology is an expeditiously flourishing field wherein innovations and inventions acquire new forms every day and has therefore, revolutionized the other domains like science, healthcare, law, and business. Biotechnological inventions may incorporate products and/or processes of genetic engineering technologies, methods of producing organisms, methods of mutation, cultures, mutants, transformants, plasmids, processes for making monoclonal antibodies, etc. The integration of an inventor’s intellect as well as the resources put forth by biotechnological means has always resulted into phenomenal discoveries which have remained unnoticed throughout a century when biotechnology found its origin in 1919. Amidst the period of development and advancement arose a need for the protection of certain rights of the inventor over invention as exclusive perks, in order to maintain the dedication and integrity of the research and development background. Intellectual property rights (IPR) is a set of rules that insulate novel ideas or application of ideas holding commercial value in geo-temporal space, which may be in the form of patents, copyrights, trademarks, etc. The history of IPR in India has undergone various transitions over time in the form of various amendments, acts, policies and law. Although, there still persists a knowledge gap between the inventor and his right over his invention which needs critical attention for enhancement of human welfare at large. This study encompasses the process of filing a patent application in India and how the filed applications are analysed. Analysis done herein majorly circumscribes the thin line of difference among the patentable and non-patentable subject matter according to the Indian Patent’s Act, 1970, exemplifying monoclonal antibodies as the aforementioned entities which are one of the largest selling drugs in India.
Keywords: Patenting, patent applications, patent analyses, monoclonal antibodies, Indian Patent’s Act
