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This thesis examines the patentability of engineered microbial consortia in India, with a focus on the legal challenges arising from section 3 of the Patents Act. 1970 particularly the "product of nature" exclusion. Engineered microbial consortia, which involve deliberate combinations of microorganisms for industrial, agricultural, or medical purposes, often face rejection despite their novelty and utility. The study analyzes India's compliance with the TRIPS Agreement, developments in biotechnology patent law, and relevant case law to understand how such inventions are treated. It also reviews patent applications to identify successful drafting strategies that emphasize human intervention and inventive steps. The impact of current legal limitations on research, innovation, and commercialization is explored, highlighting the need for legal and policy reforms. The thesis offers practical recommendations to improve the patenting framework for microbial consortia and promote a more innovation-friendly IP environment in India.
Keywords: Intellectual property, microbial consortia, patentability, biotechnology.
