HC junks University of Califonia's patent application for livestock vaccine
This story was originally published at 15:59 IST on 21 February 2025
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NEW DELHI – The Delhi High Court on Friday upheld an order by the assistant controller of Patents and Designs to refuse a patent application for vaccines for livestock production systems by the Regents of the University of California. The patent relates to a recombinant Salmonella microorganism-based live vaccine for preventing enteric bacterial infection.
"In the overall facts and circumstances of this case, all the grounds cited by the Controller for refusing the subject patent application under Section 15 of the Act (the Patents Act, 1970) are upheld," the court said. The patent is non-patentable and lacks sufficient disclosure in terms of the Patents Act. Further, the claims in the patent application were indefinite and not fairly based on the disclosure made in the specification in terms of the Act, the court said.
The petitioner, the governing board of the University of California, had filed the patent application as a "national-phase application" in 2017. Refusing the application in 2022, the Patent Office had said the claims made in the patent application do not fulfil the mandatory requirements under Sections 10(4) and 10(5) of the Act. The claims made in the patent application were too broad and could also cover naturally mutated Salmonella microorganisms, the Patent Officer had said. End
Reported by Surya Tripathi
Edited by Saji George Titus
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