- Court
- Delhi High Court
- Date of judgment
- Judge
- Amit Bansal
- Outcome
- Remanded
Headnote
Refusal set aside and the application for a method of controlling infestation of rice plants remanded. The 2002 amendment removed the words or plants from section 3(i), the object being to lift the bar on patenting methods for the treatment of plants. Agreeing with the Calcutta High Court in Decco Worldwide, the Court held that a method of treatment of plants does not fall within method of agriculture under section 3(h) either, since the legislature cannot have intended to remove the bar under one provision and reintroduce it under the other. None of the exclusions illustrated in the Manual of Patent Office Practice and Procedure, such as producing a plant, producing mushrooms or removing weeds, covers treatment of plants.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.