Product Of Nature And The Patent Law

1336 WordsOct 27, 20146 Pages
PATENT LAW PROJECT ON THE ISSUE OF 'PRODUCT OF NATURE ' IN PATENT LAW SUBMITTED BY: POORVI SHAH FOURTH YEAR SECTION-A ID- 211035 WBNUJS THE ISSUE OF 'PRODUCT OF NATURE ' IN PATENT LAW INTRODUCTION There exist several areas where further research and development is essential to promote the longevity of mankind and enhance the quality of life, and since the aim of the patent system is to promote innovation, it incentivises the same by looking after the financial aspect of the research through funds and research grants. At the same time, certain domains of extremely important research, requiring heavy funding, fall into the patent-ineligible category, hit by one or more of the clauses of the patent related…show more content…
A CHRONOLOGY OF SELECTIVE JUDGEMENTS ON PRODUCT OF NATURE A product of nature could be understood as something which exists in nature and the invention or discovery of which is bereft of significant human intervention. Ex parte Latimer was one of the earlier cases which disallowed for a patent for a natural product. The Judge opined that the fibre for which a patent was requested existed in a natural state in the needles of the Australian pine and its existence was also known of. However, a couple of decades later, in Parke-Davis & Co. v. H.K. Mulford Co., a purified version of adrenaline was found to be patent eligible by Judge Hand, who stressed on the difference in kind, not in degree. The US Supreme Court found an aggregation of naturally occurring non-inhibitive microorganisms to be lacking for a patent . While the Court accepted that the combination was a step forward and useful, the fact remained that the state of inhibition was its natural state and had nothing to do with human intervention, and hence, this naturally occurring phenomena ought to be part of the common knowledge for all men. One of the major cases , post the enactment of the 1952 Patents Act held that there was nothing in the wording of the statute that disqualified a
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