- Case number
- (T)CMA(PT) 200/2023
- Court
- Madras High Court
- Date of judgment
- Judge
- Senthilkumar Ramamoorthy
- Outcome
- Set aside
Headnote
Section 3(i) has two distinct and self-contained limbs, and the second deals only with animals: a process for the similar treatment of animals is excluded only where it is to render them free of disease, to increase their economic value, or to increase the economic value of their products. On that reading, a method of generating antibodies carrying human variable regions in genetically modified mice falls outside the exclusion. It does not treat the mice for disease, does not raise their sale value, and the antibodies are not products of the mice: meat, hair, skin and milk are intrinsic parts or secretions of an animal, whereas these antibodies are raised in response to antigens administered after the genome had been substantially modified, and non-murine antibodies are not products of a mouse. Section 3(i) being the only ground of refusal, grant was directed.
Disposition
Allowed. Impugned order set aside; the application to proceed to grant on the basis of the current claims 1 to 6.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.