Can Regulatory Restrictions Justify Patent Refusal in India? Court Says No.
The recent judgment, ITC Limited vs. The Controller of Patents, clarifies how Section 3(b) of the Patents Act should be applied. The provision excludes inventions whose “primary or intended use” is contrary to public order, morality, or causes “serious prejudice” to human, animal, or plant life or health. The case concerned a non-electronic nicotine delivery […]