What is the present world scenario of intellectual property rights with respect to life materials? Although, India is second in the world to file patents, still only a few have been commercialized. Explain the reasons behind this less commercialization.

World Scenario of IPR over Life Materials

Under the WTO's TRIPS Agreement, patents extend to biotechnological inventions—genes, modified microorganisms, diagnostic tools and processes. Landmark rulings like Diamond v. Chakrabarty (US) allowed patents on genetically engineered life forms, while jurisdictions differ on gene and plant patenting. Ethical and access concerns (biopiracy, seed monopolies, drug pricing) frame a contested global regime, moderated by the CBD and Nagoya Protocol on benefit-sharing.

India's Position

India files a large volume of patents, but Section 3(j) of the Patents Act bars patents on plants, animals and essentially biological processes, and Section 3(d) curbs evergreening; plant varieties are protected separately under the PPV&FR Act, and access is governed by the Biological Diversity Act, 2002.

Why Few Are Commercialized

• The 'valley of death': weak translation from lab prototype (low TRL) to market-ready product.
• Poor industry–academia linkage and scarce technology-transfer offices in universities and labs.
• Limited risk capital—thin venture funding for deep-tech and long-gestation biotech.
• Regulatory and infrastructure gaps, high cost of prototyping and scale-up.
• Filing driven by academic incentives rather than a market pull.

Conclusion

Strengthening incubation, tech-transfer mechanisms (e.g., via BIRAC), patent-backed startup financing and industry linkages can convert India's filing strength into commercialized innovation.