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...
Read more about Hybrid Cell Inventions: Section 3(j) of the Patents Act Does Not ApplyTag: Section 3(j)
Section 3(j), Essentially biological processes and human intervention
The Madras High Court considered whether human intervention in a plant breeding method excluded it from section 3(j) of the Patents Act. The case was remanded to the Patent Office, underlining the importance of clear reasoning in patent refusals involving essentially biological processes.
Read more about Section 3(j), Essentially biological processes and human intervention“Focus on technology, not semantics” says court in case involving gene technology
The Madras High Court set aside a patent refusal for a gene technology application, criticising the Controller’s excessive focus on semantics over scientific content. The judgment directs the patent office to reconsider the application with an emphasis on technological merit.
Read more about “Focus on technology, not semantics” says court in case involving gene technologyLife of a Gene in India
This analysis addresses the uncertain legal landscape for gene patents in India, with a focus on isolated and purified gene sequences. The author calls for clearer guidelines and consistent application of patent law by the Indian Patent Office.
Read more about Life of a Gene in IndiaNuziveedu 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.
Read more about Nuziveedu v. Monsanto – Patentability of Gene Sequences in India (Case Brief and Comments)