IP Case Digest · Patents

Natera Inc. And Anr. v. The Assistant Controller Of Patents And Designs, C.A.(COMM.IPD-PAT) 16/2023

Case number
C.A.(COMM.IPD-PAT) 16/2023
Date of judgment
Judge
Prathiba M. Singh
Outcome
Dismissed

Headnote

Appeal dismissed, the application for a method of detecting single nucleotide variants from blood samples being held to fall within the exclusion for diagnostic methods under section 3(i). Having so held, the Court expressly declined to go into the Patent Office's views on inventive step or section 59. It added that whether such an embargo ought to exist in order to enable innovation in biotechnology is a question of policy beyond its remit.

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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.