Recombinant Salmonella Is A 'Discovery' Under Section 3(c), Rules Delhi High Court

In a recent judgment, the Delhi High Court upheld the Ld. Controller's decision refusing a patent application for not being patentable subject matter as amounting to 'discovery' under Section 3(c) of the Indian Patents Act, 1970 ('Act') and for failing to meet the requirements of sufficiency under Sections 10(4) and 10(5) of the Act.

Background of the case

The subject patent application was IN201717005699 by THE REGENTS OF THE UNIVERSITY OF CALIFORNIA titled 'VACCINE FOR LIVESTOCK PRODUCTION SYSTEMS' filed at the IPO on 17 February 2017, for which a hearing notice was issued on 22 November 2021. The Controller's refusal on the written submission by the Applicant, filed on 7 December 2021, was for a total number of five amended claims, of which amended claims 1 to 4 were drawn towards a recombinant Salmonella microorganism, and the amended claim 5 was directed to a vaccine composition having the recombinant Salmonella for inducing an immune response in a subject.