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Case / Trial ID Number
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us
in
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Category
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Patent
Trademark
Copyright
Design
Filing Date
Decision Verdict Date
Court / Tribunal
Bench / Panel Judges
Petitioner / Claimant (Plaintiff)
Inventprise, Inc.
Respondent / Defendant
The Controller Of Patents & Anr.
Dispute Summary
Inventprise, Inc. challenged the requirement of prior approval from the National Biodiversity Authority (NBA) concerning its patent application for a 'Heat Stable Liquid Rotavirus Vaccine.' The NBA had previously insisted on compliance with Section 6 of the Biological Diversity Act, 2002, citing the use of human rotavirus strain isolated in India. However, Inventprise argued that the subject matter did not constitute a 'biological resource' under the Act. Recognizing this core dispute, the Delhi High Court directed the NBA Expert Committee to conduct a personal hearing and issue a reasoned order on whether the invention falls within the scope of the Biological Diversity Act.
Outcome / Ruling
mixed
Verdict Document PDF URL
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