Tag: patentability of essentially biological process in India
January 21, 2025
Intellectual Property | Patent
Intellectual Property | Patent
Essentially Biological Processes for Production of Plan...
Indian law excludes from patentability ‘essentially biological processes’ under Section 3(j) of the Patents Act, but does not explain what degree of human intervention can shift an invention away from being deemed ‘essentially biological’. A recent decision of the Madras High Court attempts an interpretation of this provision, highlighting also the importance of well reasoned orders from the patent office. ......