Earlier this year, the Supreme Court of India set aside an order of the division bench of the Delhi High Court that revoked a patent granted on genetically modified cotton, holding that the single bench of the High Court should assess the patentability of the invention after hearing arguments from both sides. The Indian Patent Office granted Patent No. 214436 to Monsanto Technology LLP on genetically modified cotton. In 2016, Monsanto filed a suit before the single judge bench of the Delhi High Court [Civil Suit (Comm) No. 132 of 2016] alleging infringement by Nuziveedu Seeds Ltd., which responded with a counterclaim for invalidity of the patent, among other claims. The single judge ruled in favor of the petitioner and granted an injunction. On appeal, the division bench of the Delhi High Court vacated the injunction and invalidated the patent. That decision was set aside by the Supreme Court, which held that the matter at hand was the injunction and that patentability issues must be dealt with separately by the High Court. This suggests a changing mindset by the Indian courts regarding patentability of genetically modified living organisms. India may now be set to join the league of various other nations that respect biotechnological inventions.
Litigation
- ‘Reasonable Efforts’ Require Care and Consistency
- CAFC Sends Centripetal Back to Drawing Board in Case with Cisco Due to Judge’s Stock
- Note to Senators: U.S. Patent Office Remains Under a Permanent Injunction
- ‘Sacrifices’: PTAB Reform Act Would Limit Fintiv Denials
- Conflicting Precedent for the Supreme Court in American Axle
Recent Posts
- USPTO Report Underscores Split on State of U.S. Patent Eligibility Jurisprudence
- ‘Reasonable Efforts’ Require Care and Consistency
- CAFC Sends Centripetal Back to Drawing Board in Case with Cisco Due to Judge’s Stock
- Other Barks & Bites for Friday, June 24: Congressional Hearings Focus on PTAB Reforms, French Regulators Accept Google’s Copyright Payment Framework, and DOJ Announces Settlement with Meta Over Biased Ad Algorithm
- Sotera Declarations Less Likely Given Vidal Memo on PTAB Discretion