Publications

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 […]

India amends the Biological Diversity Act, 2002: An Overview

The Biological Diversity Act, 2002 (the “Act”) primarily regulated the sustainable use of biological resources of India, and the equitable sharing of benefits arising out of the use of biological resources. The Act also aimed at conserving and using biological diversity sustainably, and obligated foreign nationals and organizations to obtain prior approval of National Biodiversity […]

Court directs Indian Patent Office to issue reasoned decisions

Lack of proper reasoning in patent decisions by the Indian Patent Office (‘IPO‘) has been a cause for grave concern. In Dolby International AB (‘Dolby’ and/or the ‘Applicant’) v. The Assistant Controller of Patents and Designs [C.A.(COMM.IPD-PAT) 10/2021 and I.A. 13552/2021], the Delhi High Court was faced with a similar predicament, and took the opportunity […]