Smoking is injurious to health, but patent office cannot decide that!
Philip Morris Products S.A. challenged eight patent refusals at the Delhi High Court, each rejected by the Controller under Section 3(b) of the Patents Act on the ground…
Section 3(b)
4 articles
ITC’s Nicotine Device Patent Rejection on Public Health Grounds Set Aside
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…
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…
Morality 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…