Section 3(j) of the Indian Patents Act excludes plants, animals and “essentially biological processes” (for the production of plants and animals) from patent protection.
The Delhi High Court relied significantly on European precedents to hold that Monsanto’s claimed invention covering the Bt gene construct and a process for preparing the transgenic Bt Cotton plant amounted to an “essentially biologically process”. However, a recent European development casts doubt on the earlier European precedent relied upon by the High court. As such, it is important to reflect on this and what implications it might have for the Supreme court appeal, where the matter is now pending. And a decision expected anytime soon. To appreciate this issue, some background is in order.
ABOUT THE AUTHOR
Dr. Deepa K Tiku
Dr. Deepa Kachroo Tiku is a Partner with K&S Partners and has over 25 years of experience in biotechnology and biosciences, plant variety, and biodiversity domains.