The arguments surrounding the merits and demerits of patents shift between the right of the inventor toenjoy the fruits of his labour and his duty towards the society. In the context of microorganisms, the mostvital distinction between the legal practices of India and developed countries is that India does not allowpatenting of microorganisms that already exist in nature but genetically modified versions of the samemicroorganisms that result in enhancement of its efficacies are patentable. This article is an effort to throwlight on the genesis of patenting and the legalities of patenting microorganisms in India.
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