The Madras High Court has revoked the refusal of Green Cross’ patent application for a Hepatitis B immunoglobulin agent, citing errors in the Controller’s analysis. The court has remanded the matter to the patent office for a fresh examination, ordering a review of the claims within four months. Continue Reading Green Cross Crosses court’s bridge to win appeal
The Madras High Court ruled in favor of Toyota, overturning the patent office’s refusal to grant a patent for a gene increasing plant biomass and seed production. The court emphasized the importance of scientific aspects over language semantics and directed a review within six months. Continue Reading “Focus on technology, not semantics” says court in case involving gene technology
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. Continue Reading Method of producing ‘protein enriched blood serum’ is not a method of treatment under Section 3(i), says the Delhi High Court
This post was published on May 2, 2011.
The debate with respect to genetic and stem cell patents is alive with the European Court of Justice's (ECJ) preliminary opinion in March. According to the opinion, embryonic stem cells are not patentable because the use of totipotent stem cells amounts to the use of human embryos for industrial or commercial purposes. Since totipotent stem cells can develop into a human being and are derived from an embryo, they can be considered to…
First Publication Date: 1st October 2010
Introduction
Article 1, Section 8, Clause 8 of the American constitution gives congress the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. In furtherance of the power granted to it by the constitution, the congress has enacted the Patent Law, which has been codified under Title 35 of the United States Code.…
First Publication Date: 24th December 2009.
Department of Biotechnology has introduced a scheme to fund projects of small business innovative research Initiative. The scheme has become immensely popular as almost 56 Successful SBIRI applicants are listed for the scheme as on 26/11/2009. The aim of the scheme is to encourage small and medium scale industries to take up risk in innovative R&D in biotech sector.
The intellectual property generated from the Project shall be the joint property of the Industry…
Imagine making a seed which is tolerant to herbicide through genetic engineering? The word ‘making a seed’ itself sounds a bit obscure does it not? But that’s what Monsanto Corporation does.
Monsanto Corporation Inc. is a company which only a few have heard of in India, unless you’re in the agriculture & biotechnology field, but this company is one of the largest biotechnology giants in United States and Canada. They are a leading producer in the field of genetically engineered (GE)…
The sticky nature of Biotechnology research has always led to massive debates every time there was a path-breaking discovery. It happened with Nucleic acids, amino acids, genetic modifications, transgenic animals, and now stem cell research. This has been mainly because of its close and unavoidable link to life. When we came to believe that stem cell therapy for all monstrous ailments is around the corner, the moral police made its presence felt. After the famous WARF patents in the US,…