Calcutta HC Remands Patent Rejection Over Section 3(b) of the Patents Act and Procedural Fairness
This breaks down the ITC Ltd. v Controller of Patents judgement. The Calcutta High Court held that a patent cannot be denied under Section 3(b) on morality or public health grounds without clear scientific or technical evidence. It found that the Controller wrongly presumed the invention—a device for generating and delivery of a Nicotine...