Shreya Sambhvi

While international treaties establish broad principles for protecting biodiversity and traditional knowledge, the patentability of biodiversity-derived inventions is ultimately determined by national patent laws and examination practices. Although approaches differ across jurisdictions, patent offices generally assess whether inventions involving biological resources satisfy the requirements of patent eligibility, novelty, inventive step, and industrial applicability. In the United States,...

Recognizing that biodiversity-related disputes extend across national boundaries, several international legal instruments have sought to establish a fair balance between promoting innovation and protecting the rights of biodiversity-rich countries and Indigenous communities. 1. Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement The TRIPS Agreement, adopted under the World Trade Organization in the 1990s, established the first comprehensive global framework for...

These cases illustrate the tension between patent protection, traditional knowledge, and equitable ownership of biodiversity. Case Study 1: The Turmeric Patent The Turmeric Patent remains one of the most influential examples of traditional knowledge serving as prior art within the patent system. In 1995, the United States Patent and Trademark Office (USPTO) granted U.S. Patent No. 5,401,504 for the use of turmeric in wound healing. The patent was subsequently challenged by India's Council of...