Patent Amendments & Sec. 3(h): Mitsui Chemicals Inc. v. Controller of Patents

In a matter argued by Remfry & Sagar – Mitsui Chemicals Inc. v. Controller of Patents – the Delhi High Court has held that not being able to reintroduce deleted PCT claims constitutes misunderstanding of the procedure of amendment of claims.

Further, the Court has clarified that while rejecting an application under Section 3(h) (which precludes patentability of methods of agriculture/horticulture), a nuanced and detailed analysis ought to be undertaken to scrutinize whether the invention is indeed a “method of agriculture” or embodies an innovative technical solution to agricultural challenges not falling within the realm of the exclusions envisaged under Section 3(h).

You can read a detailed case report here.