Dr. Albert Costa is Professor and Scientist with TATA Institute of Medical Science, working in the area of molecular biology. During the process of his research with regards to the environmental impact in his lab, he acc

As per the Patents Act, 1970, Patent of life forms are not allowed. Section 3 of the Patents Act deals with invention which are not patentable. Section 3 (j) of the Patents Act, 1970 deals with the plants and animals in whole of any parts thereof other than microorganisms but including seeds varieties and species and essentially biological processes for production or propagation of plants and animals are not inventions. As per this provision the plants in whole or in part, animal in whole or in part, seeds, verities and specifies of plant and animals, essentially biological processes for production or propagation of plant and animal are not patentable. However, Section 3 (j) makes an exception with regards to the microorganism, other than the ones discovered from the nature, may be patentable. For instance, genetically modified microorganism may be patentable subject to other requirements of patentability.