Introduction In KEMIN INDUSTRIES, INC. v. Controller of Patents [1]1, the Madras High Court overturned the rejection of a patent application concerning a method of improving animal feed by supplementing bacterial ferulic acid esterase (FAE) with four specific enzymes. The Patent Office had denied the application under Sections 2(1)(j), 3(d), and 3(i) of the Patents […]
Delhi High Court Reins in Patent Claim Amendments: AbbVie’s Attempt to Convert Method Claims Rejected Introduction In a recent judgment in Abbvie Biotherapeutics INC & ANR. v. Assistant Controller of Patents and Designs [1]1, the Delhi High Court upheld the patent refusal order issued by the Controller of Patents for Indian patent application No. 201817047767, […]
The Government of India, through the Ministry of AYUSH, actively promotes the traditional and indigenous systems of medicine, including Ayurveda, Yoga & Naturopathy, Unani, Siddha, Sowa-Rigpa, and Homoeopathy (AYUSH). Given the rich traditional knowledge (TK) embedded within these systems, it is crucial to strike a balance between protecting traditional knowledge and fostering innovation. To address […]
Introduction Medical use claims constitute an important aspect of the pharmaceutical industry. Such claims comprise the use of known substances for the treatment of diseases or any other medical procedure. These types of claims may comprise the ‘first use’ or ‘subsequent use’ of the existing product or process. However, the Indian Patent Act does not […]