Patent exclusions — Madras High Court shows the way

Subject : S&T

Section: IPR

Context:

Madras High Court’s recent rulings on pharmaceutical patents clarify Section 3(e) and Section 3(i) exclusions, emphasizing evidence and contextual analysis for patent eligibility. The decisions highlight the necessity of bright-line rules for consistency in patent office decisions and suggest a legislative role in addressing gaps in pharmaceutical patent issues.

Key Highlights:

Recent Madras High Court judgments by Justice Senthilkumar Ramamoorthy bring clarity to pharmaceutical patent exclusions in the Indian context.
The first case, Novozymes vs Assistant Controller of Patents, interprets Section 3(e), excluding compositions that are mere aggregations.The court specifies that known aggregates can still be patent-eligible if individual components meet patent criteria.
The second case, Hong Kong and Shanghai University vs Assistant Controller of Patents, deals with Section 3(i), excluding inventions related to the treatment of humans or animals.The court providesinsights into the types of diagnoses excluded under this provision.

Key Challenges:

Lack of bright-line rules in the interpretation of patent exclusions, leaving room for ambiguity and varied decisions.
Balancing the interests of pharmaceutical innovation, public health, and preventing overbroad monopolies poses a challenge for the courts.
The need for more legislative clarity on exclusions, with suggestions for in vitro process considerations and potential compulsory licensing.

Key Terms and Phrases:

Section 3(e): Exclusion related to compositions that amount to a mere aggregation of components.
Section 3(i): Exclusion pertaining to inventions involving processes for the treatment of humans or animals.
Bright-line rules: Clear and specific guidelines for interpreting patent exclusions, ensuring consistency in decision-making.