Biotechnology is a rapidly expanding area, both in industrial and academic research environments. The potential for innovation is huge! With such innovation comes investment in research, and naturally, the expectation of reward. To protect the often considerable financial input required for biotechnological research, patent protection for the results is increasingly sought.To be eligible for patent protection, biotechnological inventions must meet the same criteria as any other patented invention, i.e., the invention must:
- be novel
- involve an inventive step
- have an industrial application
Additionally, under the Budapest Treaty, certain biotechnological inventions, i.e., micro-organisms, require a sample to be deposited at one of a number of designated depositories in addition to their description. The U.S. (as well as the U.K.) is a signatory of the Budapest Treaty, which allows for a single deposit to be considered when applying for a patent for a micro-organism.