What is the present world scenario of intellectual property rights with respect to life materials? Although, India is second in the world to file patents, still only a few have been commercialized. Explain the reasons behind this less commercialization.
Approach · directive: “what / explain”
What it asks · Outline the global regime on patenting life forms and genetic material, then explain why India's growing patent filings rarely become products.
It asks 2 things — answer each
- What: the present world scenario of IPR over life materials — patentability, TRIPS flexibilities, access and benefit-sharing
- Explain why India's patents are rarely commercialised despite rising filings
Open with · History: since Diamond v. Chakrabarty (1980) allowed a US patent on a modified bacterium, patents on genes, micro-organisms and plant varieties have spread worldwide and been contested.
Cover
- TRIPS Article 27.3(b): members may exclude plants and animals other than micro-organisms, but must protect plant varieties by patents or a sui generis system.
- India: Patents Act Section 3(j) excludes plants, animals and seeds; PPV&FR Act 2001; Biological Diversity Act 2002.
- Access and benefit-sharing: CBD, Nagoya Protocol; the 2024 WIPO treaty makes disclosure of origin of genetic resources and traditional knowledge mandatory.
- Filing without a market: 1,03,057 patents granted in 2023-24 (PIB); many academic filings for rankings; WIPO 2024 ranks India sixth in filings, fastest-growing.
- Weak lab-to-market bridge: few technology-transfer offices, little proof-of-concept or venture funding, thin industry links.
- Ecosystem gaps: low private R&D, pendency, weak IP valuation and financing, litigation risk.
Close with · India must count licences, not patents — translational funds, tech-transfer offices, industry-linked research and faster, predictable IP processes — so that Atmanirbhar Bharat in biotechnology rests on patents that reach the market.
Add value (verified)
- TRIPS Article 27.3(b): members may exclude plants and animals other than micro-organisms and essentially biological processes, but must protect plant varieties by patents, an effective sui generis system or both.WTO: Agreement on Trade-Related Aspects of Intellectual Property Rights, Part II Section 5 Patents, Article 27.3(b) ↗“(b) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof.”
- WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (2024): a mandatory patent disclosure requirement on the country of origin of genetic resources or the community providing the traditional knowledge.WIPO: Summary of the WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge (2024) ↗“The Treaty establishes a mandatory patent disclosure requirement – this requires patent applicants to disclose the country of origin of the genetic resources and/or the Indigenous Peoples or local community providing the associated TK, if the claimed inventions are 'based on' genetic resources and/or associated TK.”
- PIB (30 July 2024): the Indian Patent Office granted 1,03,057 patents in FY 2023-24.PIB, Ministry of Commerce & Industry (30 July 2024): Indian Patent Office has grants 1,03,057 patents in FY 2023-24 ↗“Patent Office has granted 1,03,057 patents in FY 2023-24.”
- PIB on WIPO's World Intellectual Property Indicators 2024: India recorded the fastest growth in patent applications (+15.7%) among the top 20 origins in 2023 and ranks sixth globally with 64,480 applications, residents filing 55.2%.PIB (November 2024): India secures position in top 10 countries in Patents, Trademarks, and Industrial Designs: WIPO 2024 Report ↗“India recorded the fastest growth in patent (+15.7%) applications in 2023 among the top 20 origins, marking the fifth consecutive year of double-digit growth. India ranks sixth globally for patents with 64,480 applications, with resident filings accounting for over half of all submissions (55.2%)—a first for the country.”
Question: UPSC's CS (Main) 2024, GS Paper III — paper ↗. Approach: Minimalist IAS, checked 3 Oct 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer· 229words · Minimalist IAS
Since Diamond v. Chakrabarty (1980) allowed a US patent on a modified bacterium, patents on genes, micro-organisms and plant varieties have spread, contested on ethical and equity grounds.
World scenario on life materials
- TRIPS floor: Article 27.3(b) lets members exclude plants and animals 'other than micro-organisms' but requires plant-variety protection, by patents or a sui generis system.
- Divergence: the US and Europe patent biotechnology inventions more readily; India's Section 3(j) bars plants, animals and seeds, with the PPV&FR Act 2001 and Biological Diversity Act 2002 covering breeders, farmers and access.
- Benefit-sharing turn: the CBD, Nagoya Protocol and WIPO Treaty (2024), which mandates disclosure of the origin of genetic resources and associated traditional knowledge in patent applications, aim to curb biopiracy.
Why few patents are commercialised
- Filing without a market: WIPO 2024 places India sixth, not second, in patent applications (64,480 in 2023), yet fastest-growing in the top 20; 1,03,057 patents were granted in 2023-24 (PIB), many filed by academia for rankings, not a buyer.
- Weak lab-to-market bridge: few technology-transfer offices, little proof-of-concept funding, thin industry links.
- Ecosystem gaps: low private R&D, examination pendency, weak IP financing, litigation risk.
- Lab invention
- patent for appraisal
- no proof-of-concept funding
- no licensee
- patent lapses
India must count licences, not patents — translational funds, tech-transfer offices, industry-linked research, faster IP processes — so Atmanirbhar Bharat in biotechnology rests on patents that reach the market.
Prepared by Minimalist IAS to the answer standard of Shivam Singh (mentor, 7 years) · facts checked against official sources (how we verify) · updated 3 Oct 2026. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.
