Article
Recombinant Salmonella is a ‘discovery’ under Section 3(c), rules Delhi High Court By Malathi Lakshmikumaran and Supriya Ramacha
The Delhi High Court recently upheld the Controller’s decision refusing a patent application for not being patentable subject matter as amounting to ‘discovery’ under Section 3(c) of the Indian Patents Act, 1970, and for failing to meet the requirements of sufficiency under Sections 10(4) and 10(5) of the Act. Discussing the decision of the Court threadbare, the article observes that the judgment leaves certain questions unanswered in the minds of a reader, particularly with respect to the applicability of Section 3(c) of the Act. According to the authors, there was scope for certain arguments (as discussed in the article) that could have been made and considered. Further, the authors also believe that considering that naturally occurring substances are not patentable in US as well, it was unfair that the applicant faced rejection in India for similar subject matter granted by the USPTO.
Ratio decidendi
- Rectification of trademark entry – Only High Court exercising appellate jurisdiction over Registrar, who made the entry, has jurisdiction – Madras High Court
- Trademarks – Transfer of rectification petition for consolidation with infringement suit in different High Court is not permissible – Madras High Court
- Patents – Inventive step – Mere refining of treatment score based on expert grading does not represent a technical advance – Madras High Court
- Copyrights – Second proviso to Section 33(1) of Copyrights Act does not bar owners to issue licences for sound recordings – Delhi HC concurs with Bombay HC while differs with Madras HC
- Trademark infringement is possible even when the mark is taken from two distinct registered marks – Delhi High Court
- E-infringement of trademark – Compensatory damages and costs imposed on global e-commerce giant – Delhi High Court
News Nuggets
- Rectification not warranted when earlier mark not existing on register and evidence of its use also absent
- Patents – Amendments to complete specification and claims can be made at appellate stage before High Court
- Burger King – Sizzling trademark dispute
- Interim licence to use patent till final determination of FRAND terms
- Copyrights over pharmaceutical dossiers
- Copyright infringement by use of headnotes of another company for legal-research search engine which uses AI
- Copyright on AI generated artwork containing evidence of human’s creative choices
