IP Case Digest · Patents

Sakata Seed Corporation v. The Controller of Patents and Designs, CMA(PT) 30/2023

Case number
CMA(PT) 30/2023
Date of judgment
Outcome
Remanded

Headnote

On section 3(j) the Court adopted the test in Rule 26(5) of the European Patent Convention: a process for the production of plants or animals is essentially biological only if it consists entirely of natural phenomena such as crossing or selection. Screening hybrid seeds and checking their characteristics at defined points takes a process out of that, and the Controller, having noted the argument on human intervention, never reasoned his way past it.

Read the judgment (PDF)

Disposition

Allowed. Matter remitted for fresh consideration by a different Patent Controller.

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