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Patent
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Filing Date
Decision Verdict Date
Court / Tribunal
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Petitioner / Claimant (Plaintiff)
Memorial Sloan Kettering Cancer Center
Respondent / Defendant
Assistant Controller of Patents and Designs, Government of India
Dispute Summary
Memorial Sloan Kettering Cancer Center appealed the rejection of its patent application (No.201747015867) by the Assistant Controller of Patents and Designs, which had rejected it on the grounds that the invention was a method of treatment, making it unpatentable under Section 3(i) of the Patents Act, 1970. The appellant argued that the claim described an in vitro method of selecting T-cell lines, not a direct method of treating a patient. The Madras High Court agreed with this distinction, finding that the rejection was based on an erroneous application of law to the facts. Consequently, the court allowed the appeal and remanded the matter for fresh consideration by a different Patent Controller.
Outcome / Ruling
mixed
Verdict Document PDF URL
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