The Delhi High Court, in Syngenta Crop Protection AG vs. Assistant Controller of Patents and Designs, examined the rejection of an Indian patent application under Section 3(h) of the Patents Act. The Court ruled that plant treatment methods are distinct from agricultural processes, referring to the 2003 amendment to Section 3(i), and remanded the case for fresh examination with amended claims.
Read more about Clarifying Patentability of Plant Treatment Methods under Section 3(h) and 3(i)Tag: Section 3i
Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered under Section 3(i) Exclusion
The Madras High Court has overturned the rejection of Kymab Limited’s patent application related to generating antibodies in non-human mammals. The Court found that the invention does not fall under Section 3(i) of the Patents Act, 1970, as it is not a method for treating animals but a process for producing antibodies using genetically modified animals. The patent is now set to be granted.
Read more about Methods for Antibody Production in Genetically Modified Animals are Patentable; they are not covered under Section 3(i) ExclusionMethod of producing ‘protein enriched blood serum’ is not a method of treatment under Section 3(i), says the Delhi High Court
Delhi High Court reviewed whether new objections can be raised at the hearing stage of a Patent Application. The Court examined the claims and the refusal order, from the purview of Principles of Natural Justice.
Read more about Method of producing ‘protein enriched blood serum’ is not a method of treatment under Section 3(i), says the Delhi High Court