This podcast describes the amendment in claims that were allowed by the High Court in Delhi. Justice Hari Shankar in this landmark judgement had allowed amending claims from method of treatment to product (i.e., implant claims). This case will serve as a milestone since till date amending method of treatment claims to any other allowable claim format (such as product) has been considered as non-allowable under Section 57 and 59 of the Act. the Hon' Justice has looked at the facts of the case, such as, the implants per se were well supported and explained in the as-filed specification and the Applicant is well within its right to claim for such an implant. Ayyangar Committee Report, which forms the basis of our current act was also discussed and the Justice noted that the intention of the report was to allow wider permissibility in claim amendments before the grant and it is not needed for the invention to be identical before and after the amendment. Special reliance was also placed on different case laws and orders which altogether suggest that the object of patent law is to encourage scientific research, new technology and industrial progress. Therefore, rejecting the claims outright under Section 59 without substantial examination will be against the very purpose of the Act.
Link: A ray of hope: Delhi High Court allows amending method claims to product claims | Lakshmikumaran & Sridharan Attorneys (lakshmisri.com)
Audio Source: An article published on the LKS website in March 2023.
Authors: Prosenjit Chattopadhyay, Partner and Swati Upadhyay, Assoicate LKS