The Calcutta High Court has set aside the refusal of ITC’s patent application for a nicotine aerosol device. The Court found that the Controller’s reliance on morality grounds under Section 3(b) was improper and unsupported by cited documents, ensuring a fresh review of the patent.
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What Have You Been Smoking? Personal bias has no place in Tobacco patent evaluation
The Calcutta High Court has criticised the arbitrary rejection of a tobacco syrup patent by the Indian patent office, urging objective analysis over personal bias. It held that Section 3(b) must not be misused to deny legitimate inventions without proper legal scrutiny and evidence.
Read more about What Have You Been Smoking? Personal bias has no place in Tobacco patent evaluationMorality and Patentability of Sexual Inventions
The Indian Patent Office often raises morality objections to sexual inventions, particularly in the context of devices and aids. This post analyses such objections, the legal framework under Section 3(b), and the shift towards constitutional morality post the Supreme Court’s 377 judgment. It highlights the need for consistent and rights-based evaluation in patentability decisions.
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