Tag: Section 3(i)

A detailed legal analysis of a recent patent case. The article explores the interpretation of Section 3(i) of the Indian Patents Act, focusing on diagnostic methods. The court's decision, key arguments presented by the parties, and the technical aspects of the patent are discussed. The judgment emphasizes the distinction between diagnostic and non-diagnostic tests, highlighting the need for a case-by-case evaluation. The article delves into the complexities of patent eligibility, providing insights into the legal reasoning and technological considerations involved in the case

Interpretation of Section 3(i) of the Indian Patent Act, 1970 in the Context of Non-Invasive Prenatal Testing

Introduction The advent of Non-Invasive Prenatal Testing (NIPT) has revolutionized prenatal diagnostics, enabling expectant parents to assess the genetic health of the fetus without invasive procedures. However, the eligibility of such diagnostic methods for patent protection, especially in light of Section 3(i) of the Indian Patent Act, 1970 (as amended) has been a subject of considerable legal debate. This article provides a detailed exploration of the Hon’ble Madras High Court’s judgment in the matter of The Chinese University of Hong Kong Knowledge Transfer Office and Sequenom, Inc vs The Assistant Controller of Patents & Designs[1], shedding light on the technical and legal aspects that guided the court’s decision-making process. Non-Invasive Prenatal Testing (NIPT) Non-Invasive Prenatal Testing (NIPT) involves analyzing cell-free fetal DNA present in the maternal bloodstream to detect genetic abnormalities in the fetus. Unlike traditional prenatal testing methods that carry inherent risks, NIPT offers a safer and more accurate…

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