Abstract: The growing research and development activities in the field of biotechnology are a new addition to intellectual property regime. Serious efforts are being made to increase the number of inventions and filling of applications for patents. The inventions, which involve more of living organisms, became controversial issues. The standard tests of patent law are obstacles for grant of patents to the biotech inventions. Non-grant of patents encourages uncontrolled piracy of new inventions and the original owners suffer economic losses because of low returns on their huge investments in the research. TRIP, agreement seeks to enforce patent laws around the world including biotechnological inventions. In India, the existing patent laws were amended to comply with TRIPs agreement. But do we really need patent protection to the genetically modified animals is the question of the day.