IP Case Digest · Patents

Aratana Therapeutics, Inc. v. Controller of Patents and Designs, (T)CMA(PT) 167/2023

Case number
(T)CMA(PT) 167/2023
Date of judgment
Outcome
Remanded

Headnote

Section 3(i) treats a process for the treatment of animals as a non-invention only where it is to render them free of disease, or to increase their economic value or that of their products. A composition for oral administration to cats with chronic renal disease, to restore appetite and weight, was never claimed as a permanent cure of any ailment, so the Controller had missed the critical limb of the provision.

Read the judgment (PDF)

Disposition

Allowed. Impugned order set aside and the matter remanded for de novo consideration of the section 3(i) objection alone.

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.