Facts for Prelims (FFP)
Source: TH
Context: The recent judgments from Justice Senthilkumar Ramamoorthy of the Madras High Court raised concerns regarding exclusions to patentability in pharmaceutical and medical patents under Section 3 of the Patents Act, 1970, in India.
| Case | Focus | Key Points |
| Novozymes vs Assistant Controller of Patents and Designs | Section 3(e) – Exclusion of mere aggregations | Known aggregates can be patent-eligible if individual components meet patent criteria; evidence is required to demonstrate synergistic properties. |
| Hong Kong and Shanghai University vs Assistant Controller of Patents | Section 3(i) – Exclusion of medical treatment processes | Exclusion extends beyond in vivo/invasive diagnoses; and includes processes for disease diagnosis. |
The court emphasizes the need for clear, bright-line rules in patent law for consistency, certainty, and efficiency in decision-making by the Indian Patent Office.
