Legal Question in Intellectual Property in India

intellectual propertyu rights

X, a patient was found with a

unique body mechanism whereby

the red bone marrows produced

red blood corpuscles which is not

the normal mechanism followed in

other human beings. This was

found out by Y, a doctor during the

treatment of X. the question arise

as to the patentability of (a) the

red bone marrow found in X, (b) X,

as a person on the whole for the

simple reason that his blood

producing mechanism is unique.

Whether Y is entitled to patent over

(a)/ (b).


Asked on 11/20/08, 2:59 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: intellectual propertyu rights

The doctor is entitled to seek registration of patent based upon discovery made by him.

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Answered on 11/22/08, 12:27 pm


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