IP Case Digest · Patents

BTS Research International Pty Ltd. v. Controller General Of Patents And Designs, Mumbai and Ors., IPDPTA 56 OF 2023

Case number
IPDPTA 56 OF 2023
Date of judgment
Judge
Ravi Krishan Kapur
Outcome
Remanded

Headnote

Refusal of an application for a method of generating hybrid cells set aside. The Court held that tri-hybrid cells, being synthetic and not naturally occurring, do not fit the description of plants or animals under section 3(j), and that the impugned order failed to engage with the contention that the cell is by its nature not an essentially biological process for propagation or production of a plant or animal. The conclusion under section 3(c) was equally baseless because it ignored the technical intervention and human step involved, that provision operating independently to declare naturally occurring living and non-living things inherently unpatentable. Monsanto was distinguished as concerning a man-made DNA construct inserted into plants so as to pass into future generations, a different extent of human intervention.

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