- Court
- Madras High Court
- Date of judgment
- Judge
- Senthilkumar Ramamoorthy
- Outcome
- Direction to grant
Headnote
Appeal allowed and the application for fetal genomic analysis from a maternal sample directed to proceed to grant on amended claims 1 to 12. Determining fetal fraction, the proportion of cell free fetal DNA in the sample, is related to diagnosis but is not diagnostic within section 3(i), because the method cannot by itself identify the existence of a disease, disorder or condition and further testing is needed before pathology is uncovered. The scope of diagnostic should neither be curtailed to in vivo or definitive diagnosis nor expanded by implying the words relating to. The suggestion that the test might be used for sex determination was held irrelevant to patentability, that being a matter for the PNDT Act. Since section 3(i) was the only surviving objection, the application proceeded.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice.