The Madras High Court earlier this year rejected a writ petition
filed against a patent owned by Kibow Biotech Inc. for a dietary
supplement that aids in the carrying out of the kidney function,
for reasons, among others, that there was no expert evidence led to
support the case. The validity of the patent was challenged
primarily under Section 3(e) of the Patents Act, i.e., on grounds
that it was "a substance obtained by a mere admixture
resulting only in the aggregation of the properties of the
components thereof or a process for producing such
substance".
Writs in patent cases
The patent had already travelled through the chain of authority
in the patent office, and the Intellectual Property Appellate Board
(IPAB). Formal charges of revocation had already been examined and
decided against the petitioner and in favour of the patent holder
by the appropriate forum. The petitioner filed a writ petition
(La Renon Health Care Pvt., Ltd. vs. UOI and others, WP
1219 of
