Article
Patent of method of treating a plant – Interpretation of Section 3(h)
By Eeshita Das and T. Srinivasan
The article in this issue of IPR Amicus discusses a recent decision of the Hon’ble Calcutta High Court which has set aside an order passed by the Controller of Patents and Designs refusing the grant of patent for treatment of a plant disease, for being a method of agriculture under Section 3(h) of the Patents Act, 1970. The High Court in this regard noted that Sections 3(h) which bars the patenting of a method of agriculture or horticulture, does not contemplate treatment of plants to render them free of disease, while Section 3(i) deals with the process of treatment or prevention. It also noted that vide an amendment in 2002 in Section 3(i), which at present bars method of treating a human being or an animal, words “or plants” were removed from its scope. The Court for this purpose stated that the Controller failed, to explain why the claimed invention should be considered to fall under ‘agriculture’ or to justify why prevention of disease or treatment would fall under agriculture, when there is a separate provision under Section 3(i).
Ratio decidendi
- Patents Act, and not Competition Act, to govern conditions in agreement of licensing or abuse of status as Patentee – Delhi High Court
- Plant Variety Protection – Registration to be revoked when incorrect information provided by an applicant – Court rejects plea of bona fide mistake and that error would not make any difference – Delhi High Court
- Trademarks – Marks ‘INDAMET’ and ‘ISTAMET’, used for pharmaceuticals, are deceptively similar, both structurally and phonetically – Delhi High Court
- Trademark – Advertisement when mere puffery and not disparagement – Delhi High Court
- Trademarks – Non-filing of affidavit by way of evidence is not fatal to an application for well-known mark – Delhi High Court
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- Term ‘Emmentaler’ cannot be protected as a European Union trademark for cheese
