However, when a country like India excludes plant varieties from patentability, it is expected to provide protection under a sui generis system. The system provided by the UPOV Convention on the Protection of New Varieties of Plants can be used for that purpose.
Biotechnology is the technology of the future.
It will have a pervasive role in agriculture and industry, food and medicine, environment and ecology. We have a talent to develop a strong bio-technological base in our country. However, given the complexities involved in the patenting of bio-technological inventions, we need to build up our knowledge and expertise in this area and evolve our own IPR system over a period of time in the light of experience. However, the GMO per se is not allowed to be patented so that its use for other new purposes is not restricted. Micro-biological processes will be allowed process patent if they fulfil criteria for a patentable invention.