eChapters

10.1. Origin and distribution

• Native of Philippines

• Grows wild in Malaysia, Indonesia and Singapore.

• Natural habitat extends across Paruguay, Penang, East and West Indies, sub-tropical Himalayas and Deccan peninsula.

• Introduced into India by Tata Oil Mills

• Cultivated in Bangalore and coastal areas of South India, Bengal, Odisha and Assam.

10.2. Economic importance

• Oil of patchouli is called patchoulol. Oil contains benzaldehyde, eugenol and cinnamic aldehyde etc.

Scientific name: Pogostemon cablin Benth.
Family: Lamiaceae
Patchouli (Pogostemon cablin) is a perennial herb native to Southeast Asia, commonly found in India, China, and Indonesia. This fragrant herb has been used for centuries in traditional medicine, perfumery, and spiritual practices. Patchouli leaves are ovate-shaped, with a rough texture and a powerful, earthy fragrance. The leaves are steam-distilled to produce a rich, dark green essential oil with a distinctive scent. Patchouli is known for its anti-inflammatory, antiseptic, and antifungal properties, making it a popular ingredient in aromatherapy, skincare, and insect repellents. In India, patchouli is considered a sacred herb and is often used in traditional Indian medicine, Ayurveda, and Hindu rituals and ceremonies.
Origin and distribution
Patchouli, a native plant of the Philippines and Indonesia, has been extensively cultivated in various regions. In Indonesia, patchouli cultivation began in Aceh, Sumatra, and later expanded to Java. In India, it is primarily grown in the coastal areas of Tamil Nadu, Karnataka, Assam, and West Bengal.

Leaf webber: Syngamia abruptalis :Pyralidae
 
Caterpillars feed extensively on tender foliage leaving veins alone and the growth of the plants are affected.

Leaf roller: Psara stullalis: Pyralidae

Larvae of these small moths are also leaf Webbers and rollers, and rolls the leaves and feed inside causing browning and drying of affected leaves. Inspect the crop for the pest incidence and remove the initial attacks systematically.

Technology transfer is an important commercial tool for leveraging and optimizing the value of intangible assets in the present era of globalization which has deepen the process of integration of the economic resources including the free movement of goods, merchandise, services, capital and intellectual property rights. This economic integration is facilitated by a legal framework of World Trade Organization (WTO) under various agreements including the Trade Related Aspects of Intellectual Property Rights (TRIPS). There are other International Institutions i.e., World Intellectual Property Organization (WIPO), World Customs Organizations (WCO) and United Nations Conference on Trade and Development (UNCTAD) to regulate and provide guidance for the protection and enforcement of IPRs. The present global economy is geared and triggered by knowledge and almost 80 % of the global wealth comes from knowledge based intangible assets and helps optimization of the limited global resources. Technology transfer is a tool for leveraging the value of IPRs and also for sharing knowledge around the world. Knowledge is weightless and in today’s era, knowledge is driven by Information and Communication Technology (ICT) which adds to productivity in all aspects of economic life.

The term “Technology transfer” broadly connotes transfer of knowledge from one legal entity to another legal entity within and outside the national territories of the legal owner of the Patent holder at a consideration, known as license fees or technical fees or royalty. This may happen as a part of Foreign Direct Investment (FDI) or as a part of pure technological collaboration. In other words, Transfer of Technology (TOT) and Technology Commercialization allows the transfer of the technology by a patent holder to a user for further development and exploitation of the technology into new products, processes, applications, material or services. Patent provides an exclusive right to the patentee to exclude others from using an invention without his consent and the technology transfer is the process to include the licensee as the legal user without infringing the rights of the patentee. The exclusive right granted to a patentee is the right to prevent others from making, using, selling, or distributing the patented invention without his permission. The technology transfer allows the user to use the patented technology with the consent of the patent holder.

Section 4.1 Patent Application Process in India
4.1.1 Introduction
India’s patent system is governed by the Patents Act, 1970, as amended by the Patents (Amendment) Acts of 1999, 2002, and 2005, and is administered by the Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM). The Act aligns with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, ensuring compliance with global standards. For inventions in modern biotechnology, the patent application process in India involves a rigorous examination of novelty, inventive step, industrial applicability, and statutory exclusions, particularly under Sections 3(b), 3(c), 3(d), and 3(j).
 4.1.2 Who Can Apply?
Under Section 6 of the Patents Act, a patent application in India can be filed by:
• The true and first inventor,
• An assignee of the inventor,
• A legal representative of a deceased inventor.
In the case of collaborative research or industrial research programs, both academic institutions and corporate entities can apply jointly.

Abstract

Patent infringement is the act of unauthorized making, using, offering for sale or selling any patented invention within the India. In case of patent infringement it is necessary for the patentee to compare the claims granted to him with the allegedly infringing product an check whether there is an infringement – whether the infringing product falls within the scope of the claims of the patent. In such a case the patentee may sue for relief in an appropriate court. The patentee may ask for permanent injunction and damages on account of the infringement. It is the crusade of the inventor asserting his rights against an infringer and the law recognizes the importance of this right; because, without such positive and assertive rights, industrial progress would be hard to come by

Abstract

Patent is a monopoly right which is granted by the Government to the applicant for the full disclosure of an ‘invention’ which is ‘new’, ‘inventive’ and ‘industrially applicable’. Thus, before filing a patent application, the inventor must be sure that the work done by him is new and inventive. Further, during the examination of the patent application, it is required to be verified that the invention claimed in the disclosure/specification is new, inventive and industrially applicable. Since the search for the ‘Novelty’ of the invention is carried worldwide, it becomes all the more important for the inventor and the examiners to search for the prior art thoroughly. Searching for the prior art (i.e. state of the art) across the globe in around millions of documents both patents and non-patent documents, is like ‘searching a needle in the haystack’. However, by using proper keywords and classification techniques, it is possible to arrive at the closest prior art available. Each patent application is classified by the Indian Patent Office and thus attributed to one or several fields of technology. The classification scheme applied is the International Patent Classification (IPC).

A Patent is a written document explaining an invention with exclusive right. It is used to protect an inventor/scientist and to prevent other from making profits without permission. It is also used as an authority paper permitting license holders to duplicate the results. A patent application requires a combination of legal documentation and technical papers. This issue makes patent writing a very different writing style.

In India, patent applications can be filed by a patent agent or an individual having some scientific and technical background to understand the invention. However, no one can understand the invention better than the inventors themselves. Document preparation requires healthy discussions between the inventor and agent. For inventors, a good understanding on patent writing style can greatly facilitate the documentation process. Before filing the patent application inventor must be sure about that the subject is eligible for patent protection, the invention has something new, the invention is not obvious and is not easily predictable from general consensus, and the invention has practical application.

Abstract

Issues regarding intellectual property rights and their protection are heralded nowadays in the scientific arena both in developed and developing countries. IPR is being given greater attention and importance due to the projected idea that it is a dependable means through which greater skills and knowledge can be utilised to serve as a reliable resource for the upliftment of the economy as well as knowledge dissemination. In context of microorganisms, India does not allow patenting of microbes whichalready exists in nature assuch but genetically modified version of the same microorganism with enhanced and improved efficacy can be patented. The deposition of microorganisms in a culture collection recognized as an international depository authority (IDA) is necessary if intellectual property rights regarding these microbes are to be claimed. An action plan for developing countries towards creating IDAs and preserving the natural gene pool has been evolved. It is likely that IDAs will transform into ‘biological resource centres’ and further into‘global common genetic resources’, with an internationally agreed legal basis for benefit sharing. This chapter is an effort to highlight the genesis of patenting and legalities of patenting microorganism in India.

I. INTRODUCTION

In a global, knowledge-based economy, Intellectual Property Rights (IPRs) are a key to the international competitiveness of both nations and firms. International competition in the traded goods increasingly contains a high degree of innovation. IPRs have thus; become a trade issue and a major component of the World Trade Organisation (WTO). Adequate IP protection at an international scale has become essential for appropriating global revenue streams to support investments in developing state of- the- art technology. Although the concept of intellectual property is very old, there appeared the need to harmonize laws to facilitate international trade and free flow of technology. This became very necessary because it was difficult to obtain sufficient protection in the other countries of the world, in view of the disparity in the laws in each country. As per World Intellectual Property Organisation (WIPO) definition, intellectual property refers to creations of the mind, inventions, literary and artistic works, symbols, names, images and designs used in commerce. Broadly, intellectual property is divided into two categories. The first category covers industrial property, which includes patents, industrial designs and trademarks, all of which have industrial applications. The other refers to copyright laws, which are applied to such things as literary, dramatic and artistic works; rights relating to performing artists, the production phonograms and rights of broadcasters in their radio and television programs.¹ Patented inventions have, in fact, pervaded every aspect of human life, from electric lighting and plastic, to ballpoint pens and microprocessors. During a time when the future of many industries seems uncertain, one industry in particular appears to be positioned for expansion and enduring success. This is the biotechnology industry, which according to some analysts will be a major driving force behind the new economy of the 21st century.2 This seemingly lofty prediction is based in large part on the immense promise offered by biotechnology. The innovations developed with biotechnological techniques promise to prolong and improve our lives and the world we live in by achieving advancements in health care, agriculture, food products and production, industrial processes and environmental preservation. Biotechnology is not a new science and it has existed in some form or the other for centuries. Biotechnology in one form or another has been part of human development since the dawn of agriculture. Human ingenuity has led to increased production and greater diversity and quality of livestock and varieties of crops. Today’s food crops and domestic animals embody the benefits of many generations of selection and breeding. However, the advent of genetics has opened exciting opportunities in this sector, because of its numerous applications, which range from improvement of human health and food production to reduction of environmental damage. These opportunities are also coupled with controversies that not only challenge the laws within which society functions, but also our ethical and religious beliefs.

1    Introduction to Patent Laws    540

2.    An Overview of the Patenting Process    541

    2.1.    Inventor’s disclosure, 542
    2.2.    Patentability search, 542
    2.3.    Patent application preparation, 542
    2.4.    Patent application amendment, 542
    2.5.    Patent application examination, 543
    2.6    Main parts of a patent, 543
    2.7.    Granting of patent, 544
    2.8.    Date and term of patent, 544
    2.9.    Provisional specification, 544
    2.10.    Complete specification, 545
    2.11.      Cost of patenting, 545

Chapter I: Preliminary

1. Short title, extent and commencement
 
    (1)    This Act may be called the Patents Act, 1970. 
    (2)    It extends to the whole of India. 
    (3)    It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint: 
PROVIDED that different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

Section 3.1 Biotechnology Patents – Scope and Controversies
3.1.1 Introduction
Biotechnology, a field at the intersection of biology and technology, generates innovations that are often groundbreaking and commercially significant. As such, patents have become a vital tool in protecting biotechnological inventions. However, the unique nature of biological materials and living systems presents unprecedented legal, ethical, and commercial challenges, sparking ongoing debates globally. This section delves into the scope of patenting in biotechnology and explores the controversies surrounding such patents.
3.1.2 Scope of Biotechnology Patents
Biotechnology patents cover a wide array of inventions that are novel, non-obvious, and industrially applicable. These may include:
1. Genetic Materials and Constructs
• Isolated DNA/RNA sequences, including genes and promoters
• Synthetic nucleic acids and gene editing tools (e.g., CRISPR-Cas systems)
2. Microbial Inventions
• Genetically modified microorganisms (GMMs) for bioremediation, fermentation, or synthesis of pharmaceuticals

To fully harness the potential of human creativity in industrial applications, it’s essential to safeguard and organize it effectively. One of the best ways to achieve this is by obtaining a patent. The term “patent” is derived from the Latin word “patere,” meaning “to lay open” or make available for public inspection. A patent is an exclusive right granted by the government to an inventor/creator for a limited time in exchange for disclosing their invention for public use. With this right, the patent holder can prevent others from making, using, selling, or exploiting the invention for a certain period, thereby providing commercial benefits to the inventor.

Patents are among the oldest forms of intellectual property rights and are territorial in nature, offering protection only within the country where they are granted. However, through conventions and the Patent Cooperation Treaty (PCT), applicants can seek protection in multiple countries. Obtaining a patent grants the inventor a monopoly right to control the product’s production, sale, and marketing. Although the rights granted through a patent are limited to a specific country, extending protection to all contracting countries is possible through a PCT application.

This chapter provides an insight into the genotypic and phenotypic correlations between plant traits. It incorporates the study of genotypic and phenotypic path analysis and the understanding of genetic variability, all illustrated through practical examples in R, relevant to plant breeding research.

Path Analysis

Path analysis explains not only the direct impact of one character on another but also indirect effects mediated through other variables in the system. The approach is similar to the analysis of variance and is sometimes referred to as the analysis of correlation coefficients. A notable feature of path coefficients is that they are standardized partial regression coefficients, devoid of units. This standardization allows for the direct effects of different variables to be compared and ranked based on their magnitude. This approach was first applied in plant studies by Dewey and Lu in 1959, particularly to examine the factors influencing seed yield.

Path Coefficients

In the computation of path coefficients, a path diagram is translated into a series of simultaneous equations. These equations reveal the direct and indirect contributions of causal variables to the outcome. For example, in the field of plant breeding: consider the yield of forage (Y) being influenced by different variables. These could include the leaf length (X1), leaf width (X2), and number of leaves per plant (X3).

Ornithosis

Ornithosis is caused by Chlamydia and characterized by enlargement of liver and spleen, serofibrinous pericarditis, air sacculitis and enteritis. This is also known as chlamydiosis, psittacosis and is more common in parrots, pigeons and other psittacine birds.

Etiology

• Chlamydia psittaci group B

• Size 0.3 to 1.5 m

• Disease spreads from wild birds

Answer the followings
    Q.1.    What is the different stage of pathogenesis in mastitis?
    Ans.    There are three stages in pathogenesis 
These are as follows:
Invasion: here pathogens move from the exterior of teat to milk inside the teat canal.
Infection: Here pathogens multiply rapidly and invade the mammary gland.
Inflammation: In this stage clinical mastitis occurs with varying degree of clinical abnormalities of milk and udder.
    Q.2.    Of these phases, which phase is important to reduce the incidence of mastitis in control program?
    Ans.    Invasive stage is very important. The incidence of mastitis can be reduced by taking preventive measures at invasive stage by good management and good hygiene practices.
    Q.3.    What are the common abnormalities encountered in udder during mastitis?

Pathogenesis: Role of enzymes

The chain of metabolic events that bring about the disease is pathogenesis. It involves the virulence of the pathogen, susceptibility of the plant and impact of the environment. It is called disease triangle. Penetration infection, invasion, colonization and reproduction are the events that occur during pathogenesis, and lead to development of disease.

The establishment of pathogen in the host and consequent development of disease involves a chemical interaction between the host and the pathogen. The pathogen employs offensive chemical weapons to break host barriers, which the host resists with all its might. Parasitism and disease resistance run parallel and are inseparable, A biochemical ‘tug of war’ ensures between the host and the pathogen, in which one tries to outwit the other. Enzyme, toxins and growth regulators are the important chemical weapons of the pathogen. Viruses, however, because of their basic nature, do not produce any of these chemicals.

Pathogens produce these substances either in normal course of their activities (constitutively) or when, they grow on certain substrates such as their host plants (Inducible). Plant pathogenic enzymes disintegrate the structural components of host cells, breakdown inert food materials in the cell, or affect components of the protoplast directly and interfare with its functioning system. Toxins seem to act directly on protoplast component and interfare with the permeability of its membrane and with its function. Growth regulators exert a hormonal effect on the cells and either increase or decrease their ability to divide and enlarge. Polysaccharides seem to play a role only in the vascular diseases, in which they passively interfere with the translocation of water in the plants or they may also be toxic.

Pathogens are different from parasites, Parasites penetrate into the host and obtain nutrients from the host. They live inside the host without causing any other damage. They may be at times symbionts also i.e. they may be beneficial to the host. The examples for parasites are Rhizobium spp. which form nodules in leguminous plants and mycorrhizal fungi. Pathogens not only take nutrients from the host but also damage the host severely. They induce numerous symptoms of the disease and even kill the plants.

Pathogens in their life cycle enter into two distinct phases. One is biotrophic and the other is necrotrophic phage. In the biotrophic phase they invade the host cells inter and intracellularly and establish themselves in the living cells. In the second phase, they kill the cells and obtain nutrition from the dying cells. This phase is called necrotrophic phase. In case of obligate pathogens the biotrophic phase may be much longer while in case of facultative saprophytes, long biotrophic phase may be followed by necrotrophic phase. In case of facultative parasites necrotrophic phase will be much longer with short biotrophic phase. However in case of all pathogens, both the phases may exist either as a short or long spell.

In the biotrophic phase the pathogens establish themselves in the host cells. The first barrier between host plant and the attacking pathogen is the cuticle. Host cells have cell wall, structure surrounding the protoplast. Cell wall is divided into three regions: middle lamella, primary wall and secondary wall. Below the cell wall membranes are found. The membrane provides a semi permeable barrier between the cell and its external environment. The membrane consists of lipids and proteins. During the biotrophic phase, the pathogen invade the cells by degrading cuticle, middle lamella,cell walls and cell membranes, by producing a series of enzymes.After the biotrophic phase, the pathogens produce toxins which kill the cell and enter into the necrotrophic phase. Thus, enzymes, toxins, growth regulators are important tools of the pathogens for their pathogenesis.

Definition

Pathogenesis can be defined as the chain of events leading to the development of a disease. In another words it is also called disease cycle.

It tells us about