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...

Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered under Section 3(i) Exclusion

The Madras High Court ruled that methods for producing antibodies in genetically modified animals are patentable under Indian law and are not excluded by Section 3(i). This decision clarifies the scope of patent eligibility for biotechnological inventions involving animal models.

Engineered non-living substances are not excluded under Section 3(c) of the Patents Act, 1970.

The Madras High Court held that Section 3c of the Patents Act, 1970 does not exclude engineered non-living substances from patent protection. The ruling clarifies the distinction between discovery and invention for biotechnology patents in India.

Patentability of Laws of Nature

This post analyses the Mayo v Prometheus case and its impact on the patentability of laws of nature in the US. It explains the judicial reasoning that established the requirement of an innovative step beyond the mere application of natural laws for patent eligibility.

Patentability of Higher Life Forms

The Canadian Supreme Court’s decision in the Harvard oncomouse case established that higher life forms are not patentable subject matter under Canadian law. While process claims were accepted, product claims for the transgenic mouse were rejected, setting a key precedent in biotechnology patents.

Patentability of Biotechnology Inventions in India

The post provides a detailed analysis of the criteria for patentability of biotechnology inventions in India, focusing on statutory exclusions and legal requirements. It further outlines how industrial applicability, novelty, inventive step, enablement, and morality are assessed for biotechnology inventions under Indian law.

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.