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A gene is a chromosomal unit that contains hereditary information and is located in a specific location. Genes are viewed as a person's life manual, which contains insights and details about their personality. Genetic code of a person is believed to hold essential details about their future. Due to these concerns and interpretations, entrepreneurs, scientists, and specialists are studying genes and gene sequencing in more depth. Individuals' physical, genetic, and behavioral privacy are all being questioned as a result of scientists rising interest in genes, which has led to numerous issues about their ownership. One such phenomena that has arisen from human interest in genes and poses comparable issues is ‘Gene Patenting.' This phrase refers to a wide range of patents linked to genetics. Human creativity in the production of the product is one of the fundamental foundations of patent law. Gene patents are often issued for artificially produced genes, or the patentable component of the gene is ascribed to its storage via separation and purification. The patent regime predicts a broadening of its protective canopy to include the growing field of biotechnology, whose full ramifications are just now becoming apparent. New legal and ethical concerns have arisen as a result of the industry's innovative and rapid expansion, necessitating careful and thoughtful consideration. The biotechnological patents pertaining to genes Indian scenario is discussed in this article. This paper also looks into the section 3(j) which is very important for the perspective of gene patent in plant in India, which has only seen a small number of patent applications for ‘novelty patents' thus far. Since population is growing, the demand for agriculture industry is quickly expanding. By altering the DNA of plants, biotechnology has paved the door for the development of super crops with desired characteristics. Some legislative protection is necessary to encourage research in the agriculture industry. It should be important to file a patent.
Keywords: Genes, patents, biotechnology, DNA, section 3(j), Indian Patent Act (1970), novelty.
