Trade secrets
Trade secrets relate to private proprietary information or physical material that allows an advantage to the owner. Trade secrets in the biotechnology field includes materials like hybridization conditions, cell lines, corporate merchandise plans, customer lists etc. It is sometimes difficult to maintain trade secrets in biotechnology due to its large degree of research component.
If the trade secrets become public before the granted period, the intellectual is paid compensation and unauthorized users are punished by the Court.
Table Patentable microbiological invention (processes and products)
Processes |
Products |
1. Reproducible methods for producing new microorganisms,
e.g. method for
(i) reducing pathogenicity,
(ii) enhancing biological utility,
(iii) isolation or new methods for media and culture conditions,
(iv) constructing new organisms by genetic recombination or cell fusion. |
1. Antibiotics and other products are protected as "product per se" so that it is protected even if produced by an alternative process,including a chemical process. |
2.’Use claim’ is also classified as a process,
e.g. use of
(i) strain to control agricultural pests,
(ii) new microorganisms for fermentation, biomass production, extraction of metals, clean up operation or for biotransformation. |
2 (i) New microorganisms can also be applied for "product claims" although there are arguments against "patenting life".
(ii) Composition of microorganisms can be used for "product claims" in addition to “use claim” which is a process patent. |
