In a recent ruling concerning pharmaceutical patents, the Calcutta High Court set aside a decision by the Controller of Patents for erroneously conflating the distinct legal standards for patentability of an invention. The judgment underscores ongoing concerns regarding inconsistencies in the examination of pharmaceutical composition claims, particularly where the statutory criteria are misapplied. Facts: The […]
Tag: patentability of an invention
India- Pathbreaking ruling by the High Court- Patentability of an invention relation to foetal genomic analysis from a maternal biological sample
In a recent decision of the High Court of Madras, in the Chinese University of Hong Kong and Sequenom, Inc. (“Appellants”) v. The Assistant Controller of Patents and Designs (“Respondent”), CMA (PT) No.14 of 2023, the Court had the opportunity to delve into the nuances of Section 3(i) of the Indian Patents Act, 1970 (as amended) (the […]