• Harsha Aswani
• Dr. Vijay Srivastava

Although adoption and ratification of Trade Related aspects of Intellectual Property Rights has enabled the member countries to allow patenting of inventions belonging to all fields of technology, including biotechnology, but the advancement in the field of modern biotechnology including genes and life forms have posed new challenges before the existing Patent Laws of the countries. The scope and coverage of the Traditional Patent Laws of the country were confined to chemical and mechanical inventions only, however, advancement of technology forced the Countries to grant patent to biological inventions relating to life. The Countries have adopted different approaches towards patenting life. Some are restricted by the ethical and moral concerns surrounding these inventions, while others have overlooked all such restraints, and moved towards adjusting their Patent Laws to give due space to the biotechnology-related inventions. This paper shall exclusively deal with the approach adopted by U.S., which is regarded as the pioneer in the field of patenting biotechnological inventions, and shall take into account the interpretation of the patentability criteria adopted by U.S. while allowing the life forms to be patented.

Patentability, Biotechnology, United States, Novelty, Utility, Non-obviousness, Written Description.

"PATENTABILITY CRITERIA OF BIOTECHNOLOGY-RELATED INVENTIONS: AN ANALYSIS OF U.S. PATENT LAW", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 4, page no.468-477, April-2019, Available :http://www.jetir.org/papers/JETIR1904468.pdf

"PATENTABILITY CRITERIA OF BIOTECHNOLOGY-RELATED INVENTIONS: AN ANALYSIS OF U.S. PATENT LAW", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 4, page no. pp468-477, April-2019, Available at : http://www.jetir.org/papers/JETIR1904468.pdf