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granted are novelty, non-obviousness (inventive step) and utility. For a patent to be granted in India, it should not be covered in the negative list in Section 3, which provides an extensive list of what are not considered as inventions under the Indian Patents Act. The inventions related to DNA molecules or sequences must not be contrary to public order and morality. The biotechnology industry is devoted to the development of commercially valuable therapeutic, biochemical and pharmaceutical products and processes among others. Many of these products and processes revolve around the manipulation of DNA molecules and their encoded proteins. In the last thirty years, great strides have been made in the field of biotechnology and particularly in recombinant DNA research. However, with this progress has come a degree of uncertainty regarding the obviousness of certain biotechnological inventions. For example, procedures of cloning genes and transporting them between organisms have become common place. The accessibility of these methods along with the central doctrine of molecular biology, i.e., DNA is transcripted into RNA, which in turn is translated into functional or structural protein molecules, has created a somewhat disarrayed legal structure. In India, only inventions are patentable while discoveries are not. There is a clear distinction between inventions and discoveries as the law specifies that only inventions create patentable subject matter. Indian patent lawprovidesforademonstrativelistwhereithasmentioned the subjects that are not patentable. Any subject matter, which does not fall within the domains of the demonstrated list, does establish a patentable subject matter. The list has been updated and altered to comply with the provisions of the TRIPS. (b) Plant Breeder’s Rights and Farmer’s Variety Act Plant breeder’s rights (PBRs) are used to protect new varieties of plants by giving exclusive commercial rights for about 20–25 years to market a new variety or its reproductive material. The variety must be novel, distinct, uniform and stable. This protection stops anyone from growing or selling the variety without the permission of 334 BiotechnologyXII Reprint 2025-26