The arguments surrounding the merits and demerits of patents shift between the right of the inventor to enjoy the fruits of his labour and his duty towards the society. In the context of microorganisms, the most vital distinction between the legal practices of India and developed countries is that India does not allow patenting of microorganisms that already exist in nature but genetically modified versions of the same microorganisms that result in enhancement of its efficacies are patentable. This article is an effort to throw
light on the genesis of patenting and the legalities of patenting microorganisms in India.