Section 3(i) Patents Act

‘In Vitro Detection’ Still Diagnostic: Nematode Cancer Test Barred under Section 3(i)

Close-up of a dictionary page with the word “Diagnosis” highlighted in bright green by a chisel-tip highlighter, emphasizing the term against surrounding text.

In Hirotsu Bio Science v. Assistant Controller of Patents and Designs, the Delhi High Court held that branding a process as “in vitro detection” does not rescue it from Section 3(i) when, in substance, it diagnoses cancer. The nematode-based urine test was thus refused as an excluded diagnostic method.

Section 3(i) and Diagnostic Patents: Court Upholds Refusal of Prenatal Testing Method

DNA gel bands with a magnifying glass highlighting DNA bases and the word “Disease

Delhi HC rules Sequenom’s NIPT methods are excluded as “diagnostic” under Section 3(i) and hit by 3(b) for sex selection concerns, while keeping the door open for tools and products.

Patent for Enzyme-Based Animal Feed Supplementation Cleared of Section 3(i) Refusal

Cows feeding on hay in a livestock enclosure with an overlaid banner text that reads "Feed Supplementation Not A Method of Treatment".

The Madras High Court has allowed Kemin Industries’ patent on an enzyme-based animal feed method, overturning the Controller’s Section 3(i) refusal. The Court ruled that the method involves feed supplementation rather than treatment, confirming novelty and inventive step in the process.