IP Case Digest · Patents

Memorial Sloan Kettering Cancer Center v. Assistant Controller of Patents and Designs, CMA(PT) 26/2023

Case number
CMA(PT) 26/2023
Date of judgment
Judge
P. B. Balaji
Outcome
Remanded

Headnote

A refusal under section 3(i) was set aside where the claim was to an in vitro method of selecting an allogenic T cell line for later therapeutic administration, and not to a method of treatment at all. The distinction between a method of treatment and a method of producing or selecting a substance is what decides these cases, and the Controller had not drawn it.

Read the judgment (PDF)

Disposition

Allowed. Matter remanded for fresh consideration, the order having rested on section 3(i) alone.

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