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Court rejects Monsanto patent plea

A Division Bench (DB) of the Delhi High Court recently invalidated a patent granted to Monsanto Technology LLC for its invention related to the gene sequence responsible for the Bt trait eradicating pests afflicting cotton plants. As per the Court, the gene sequence has been held to be a part of the seed, and hence unpatentable in terms of Section 3(j) of the Patents Act, 1970.

The verdict of the DB is likely to adversely affect the jurisprudence of patentability of biological inventions in India. The judgment appeals for integrating scientific and technical expertise into the judicial processes, especially in patent disputes that inherently involve perplexing scientific issues. Monsanto has appealed against the DB judgment in the Supreme Court which has posted it for July.

 

 
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