Patenting of microorganisms and their related processes and products deliberates that whether the term microorganism should be defined in a generic manner or not. The technical complexity involved in the patenting of microorganisms confines to not only patent documents and claims but also R&D and trade. Detailing of requirements for the deposition and the rules for accessing microorganisms from depositories are distinct according to the legal practices of the developing and developed countries. The Budapest Treaty identifies the regulatory guidelines to build an internationally recognized depository for facilitating patenting of microorganisms and microbiological inventions. These International Depository Authorities accept patent deposits of bacteria, virus, fungi, protozoa, algae, plant and animal virus etc. and also takes care of the biosafety aspect. The biosafety requirements signify a key aspect in processes patenting in respect of microbiological inventions involving GMOs (Genetically Modified Organisms). In a developing country like India microorganisms and genes do not have any protection through patents, in spite of its dependence on agriculture. Hence it becomes essential for implementing a criterion of novelty and inventiveness of the microbial wealth substantiated by an integrated approach of scientists, technologists, legal professionals, science managers and policy makers. The present paper endeavors to create awareness among scientists and technologists in the area of biotechnology and the urgent need for training patent examiners and attorneys to entail modern and complex scientific concepts and methodologies which decides our R&D goals and corporate objectives in attaining IPR.
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