biotechnology patents | Intellepedia

Hybrid Cell Inventions: Section 3(j) of the Patents Act Does Not Apply

In a recent decision, the Calcutta High Court upheld an appeal filed by BTS Research International Pty Ltd (“BTS”) challenging the rejection by the Assistant...

Non-obviousness of Biotech Inventions in USA

This post provides an analytical review of non-obviousness standards for biotechnology inventions in the USA, referencing key Federal Circuit decisions. It discusses the evolving judicial approach and inconsistencies in applying patentability requirements to biotech innovations.

Patentability of Biotech Inventions in USA – Patentable Subject Matter

This post provides an analytical overview of the patentability of biotech inventions in the USA, focusing on statutory exclusions and major judicial decisions. It explains how US courts interpret the product of nature doctrine and outlines current limitations and developments in biotechnology patent law.

Biotechnology and Patent Challenge

This article explores the legal and ethical complexities of biotechnology patenting in India. It analyses the inadequacy of traditional patent law for biotechnology and the need for specialized principles due to the sector’s diversity and societal impact.

Patentability of scientific principles and natural relationships in the light of Laboratory Corp. v Metabolite

This article analyses the legal boundaries for patenting scientific principles and natural relationships, with a focus on the Laboratory Corp v Metabolite case. It explores US Supreme Court jurisprudence and the ongoing debate over patent eligibility in diagnostic methods and biotechnology.

Synthetic cell: Patent or No Patent?

The post explores the legal and ethical dimensions of patenting synthetic cells, referencing key historical cases and current controversies. It assesses whether such patents hinder or promote technological progress in synthetic biology.

Natural or Man Made

This post analyses the product of nature doctrine and gene patentability under US law, with reference to the BRCA gene patent case. It objectively evaluates legal and ethical perspectives, emphasising the importance of balancing innovation with access.

Diamond v. Chakrabarty, 447 U.S. 303 (1980)

The Supreme Court in Diamond v. Chakrabarty held that human-made microorganisms are patentable under Section 101 of the Patent Act. The case clarified that patent eligibility depends on human ingenuity rather than the living or nonliving status of the invention.

Nuziveedu v. Monsanto – Patentability of Gene Sequences in India (Case Brief and Comments)

This case brief analyses the Nuziveedu v. Monsanto ruling on the patentability of gene sequences in India. The post critiques the Delhi High Court’s reasoning under Section 3j of the Patents Act and highlights issues needing further legal scrutiny.

Laws of Nature / State of Art Interface

This post explores how the laws of nature exclusion shapes patent eligibility, especially in biotechnology. It discusses key judicial decisions and the impact of state of the art on the scope of this legal doctrine.