eChapters

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.

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

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).

Pranab Mukherjee in his budget speech delivered on 26 February 2010 announced: ‘We are now ready with the draft Food Security Bill which will be placed in the public domain very soon.’  Although no official draft has been placed on the website of the concerned Ministry, several leading organisations and individuals have questioned the adequacy of the steps proposed to be taken under the Bill for achieving the goal of a hunger-free India.  Based on Article 21 of the Constitution, the Supreme Court of India has rightly regarded the right to food as a fundamental requirement for the right to life.  Many steps have been taken since Independence to adopt Mahatma Gandhi’s advice for an antyodaya approach to hunger elimination. In spite of numerous measures and social safety net programmes, the number of undernourished persons has increased from about 210 million in 1990-92 to 252 million in 2004-06.  About half of the world’s under-nourished children are in India.  Also, there has been a general decline in per capita calorie consumption in recent decades.  Grain mountains and hungry millions continue to co-exist.

1. Introduction Millets, one of the earliest foods consumed by humans, may have been the first cereal grain utilised in domestic cookery. It belongs to the Graminae grass family. The name “millet” describes a number of little-seeded grasses (annual) that are classified into five genera: Setaria, Panicum, Pennisetum, Paspalum, and Echinocloa in the tribe Paniceae, and one genus: Eleusine in the tribe Chlorideae (Pushpavalli, 2015). India ranks first in the production of millets followed by Niger and China (FAO, 2020). Pearl millet (Pennisetum glaucum) serves as food, fuel, and fodder on a global scale. Since, it contributes up to 75% of all grain output in East Africa and several regions of India; it plays a significant role in indigenous diets. After rice and wheat, pearl millet is the third most significant crop farmed in India. Ninety percent of the country’s land is used for cultivating pearl millet, with Rajasthan, Gujarat, Maharashtra, Uttar Pradesh and Haryana being the main states.

1.1 Introduction Pearl millet [Pennisetum glaucum (L.) R. Br.] is a warm-season, C4 , annual cereal crop mainly grown for food, feed and fodder purpose. It is diploid species having chromosome number 2n = 2x = 14, belongs to genus Pennisetum, tribe Paniceae of Gramineae family. It has several species e.g., americanum, typhoides, and glaucum. Pearl millet originated in northern Africa in the region from western Sudan to Senegal. It is the sixth most important cereal crop in the world and third most important crop in India after wheat and rice.1.2 Area and Production Pearl millet is cultivated in arid and semi-arid regions of the world. India is the largest producer of millet in the world. In India, pearl millet occupies 6.93 million ha with an average production of 8.61 million tones and productivity of 1243 kg/ hac. The major pearl millet growing states are Rajasthan, Maharashtra, Gujarat, Uttar Pradesh and Haryana which account for more than 90% of pearl millet acreage of the country and are commonly grown in kharif season. It is also cultivated during the summer season in parts of Gujarat, Rajasthan and Uttar Pradesh and during the rabi season at a small scale in Maharashtra and Gujarat.

Pea (Pisum sativum L.), the famous plant in which G.H. Mendel worked out Mendel Laws and Genetic Principles, is a noble and aristocratic vegetable. The crop is cultivated for its tender and immature pods for use as vegetable and mature dry pods for use as a pulse. In both cases, seeds are separated and used as vegetable or pulse.

The solid phase of a soil system makes up a mixture of inorganic and organic materials. The inorganic fraction of soil originated from the weathering of rocks and minerals consists of rock fragments and minerals of varying sizes and composition. Hence, this inorganic soil fraction composed by soil minerals also referred as mineral fraction of soil and is caused due to alteration of mineralogical composition of soil by bioclimatic factors. A great deal of attention is being paid to the composition of minerals in soils, their formation and distribution over the earth’s surface. Soil genesis or pedogenosis (a more useful term as soil belongs to pedosphere) deals with the processes of formation and development of soil. The branch of soil science that integrates the studies of genesis, morphology and classification of soils as natural body is called Pedology. The process of weathering of rocks, pedogenesis and development of soil profile are described successively in this chapter.

 1. A mineral that forms an original component of rock is called

a. Primary         b. Secondary

c. Essential         d. Accessory

I have known Dr R.S. Chauhan al through his professional carrier. I came in his contact when he was a student, a research worker, a professional colleague. He is very hard working, sincere and dedicated scientist and teacher. I observed his remarkable skills, unwavering dedication and strong commitment for upliftment of research and the profession. He is known as an excellent teacher. He devised simple understandable means for complex topics.
His work on Panchgavya has won lots of appreciation at all levels. In fact he is a person who proved scientifically the application of components of Panchgavya on control of some untreatable disease like cancer.
I have absolutely no hesitation in saying that he is the “Father of Cowpathy”. He proved the efficacy and application of products of cow origin with scientific validation.
To be true, even today whenever I have some query, I invariably consult him because I am of the opinion that he has a very strong basic background. May God always shower his blessings on him.

9.1. Introduction

Human dependence on natural processes for the goods and services provided by nature, especially food, fuel and fibre, has been a known fact. In recent times, the value of less tangible services, such as climate control, water f iltration, and soil fertility, as well as recreational and cultural services has been emphasized also. Ecosystem services underpin human existence, health, and prosperity. It has been beneficial to humans through the transformations of resources (or environmental assets, including land, water, vegetation, and the atmosphere) into a flow of essential goods and services like clean air, water, and food (Costanza et al., 1997). Ecosystem services are those functions of ecosystems- including agroecosystems that are useful to humans or supportive of human well-being (Kremen, 2005). Services provided by ecosystems receive little notice for their support to human civilization often leading to poor management of the ecosystems. Land use systems influence ecosystem functions, which determine the supply of ecosystem services. Land and water resources are under considerable pressure from the expansion of cultivated and residential lands. Diverse land use in agrarian landscapes not only fosters biodiversity, but also provides potential ecosystem services such as air cleaning by vegetation, natural water filtration by plant roots, natural pest suppression, soil conservation, nutrient retention, and crop pollination by insects, etc. Lowland floodplains or waterlogged land areas are generally more conscious of the benefits provided by ecosystem services. It is important to create awareness among the people on provisioning services provided by ecosystems, such as crops, biofuel, fresh water, natural medicine, wildlife, and several cultural services. Managing ecosystem services, which link human well-being to conservation outcomes, is essential for achieving the sustainable development goals (SDGs) of the United Nations (Zhang, 2017).

7.1. Sustainability in Agriculture

Sustainability essentially means meeting the needs of present generation without compromising the ability of future generation to meet their own needs. The concept used by FAO to convey the meaning of sustainability necessarily rely on management and conservation of resource base in relation to orientation of technological and institutional changes to ensure satisfaction in meeting human needs. Sustainability normally covers the meaning of conservation of natural resources. The natural resources are land, water, forest and livestock. The maintenance of these resources suffers due to low or no maintenance because of absence of infrastructure and inadequate finance. Apart from these constraints, poor management ability is also responsible for degradation of natural resources. To equip the people, in general, poor managerial ability has to be upgraded through multidisciplinary program, appropriate technology and establishment of peoples’ organizations. To work on sustainability as defined for maintenance and conservation, the people in general ought to develop a positive perception to work before the program is initiated. The perception directs action of individual in a positive manner. Therefore, it is necessary to determine the perception of people about the concept of sustainability, particularly in the field of agriculture.

Intercropping with food crops and vegetables is widely practiced by small and marginal farmers of the world mainly belonging to arid and semi-arid regions. Because of several benefits obtained, farmers prefer to adopt intercropping system. In temperate regions, mixed stands of cover crops and combinations of cereal and legumes forage production are very common.

Abstract

Soils of various depth ranges were identified at the experimental farm of Central Arid Zone Research Institute, Regional Research Station, Kukma-Bhuj, Gujarat. Different depth range of soils included in this study were shallow soil (effective soil depth <15 cm), moderately deep soil (effective soil depth15- 25 cm), deep (effective soil depth 25-70 cm), and very deep (effective soil depth 70 to >1m). The soils are developed from calcareous and ferruginous sand stone and mud stone. A field experiment was carried out to study the performance of different crops and grasses under variable soil depths. Crops namely, clusterbean (Maruguar), greengram (K 851), sesame (GT2), groundnut (GG2) and pearl millet (Pusa 23) and grasses C .ciliaris (CAZRI-75) and L. sindicus (CAZRI 30-5) were grown in these four different soil depths.

Abstract

In India, women’s economic productivity is rather critical to 60 million households whose family members live below the poverty line. Therefore, the empowerment of poor women is vital for bringing down rural poverty.  The operation of the DWCRA project during the VIII plan of government of India (GOI) had inadequate impact and therefore, failed in organizing cohesion within and among the groups to identify the activities that could generate sustained income.  Considering the importance of women and lacunae in the Rural development programmes, Swarnajayanti Grama Swarozgar Yojana (SGSY) was evolved and was launched on 1st April, 1999. With this, the erstwhile programmes viz. IRDP, DWCRA, TRYSEM, SITRA, GKY and MWs ceased operation.  SGSY aims at establishing a large number of micro enterprises in the rural areas. The ‘beneficiary’ families (known as Swarozgaris) may be individuals or groups (Self Help Groups).