- Case number
- (T)CMA(PT) No.118 of 2023
- Court
- Madras High Court
- Date of judgment
- Judge
- Senthilkumar Ramamoorthy
- Outcome
- Set aside
Headnote
Companion to Imclone, decided the same day by the same judge, setting aside a section 3(c) refusal of an antibody binding A-beta oligomer and directing grant. The exclusion applies only where a hitherto unknown substance has been identified and isolated from nature, and the expression occurring in nature cannot be robbed of meaning. The antibody here was generated by preparing an engineered antigen, immunising mice with it and fusing material from their inguinal lymph nodes with myeloma cells by the hybridoma process, so it was engineered rather than isolated; inventiveness was asserted in the antibody targeting a specific epitope, not in the hybridoma technology. The applicant's answer on the sequence listing was accepted: the organism of origin recorded at identifier 213 is merely indicative of the origin of the protein, even where the protein is recombinant or synthetically obtained, and the sequence itself at identifier 400 is what identifies the listing.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.