Supreme Court Of India Likely To Hear Monsanto's Appeal on Patent From September 26, 2018

Supreme Court of India is likely hear the challenge to Monsanto's Patent Claim on its Bt Cotton from September 26, 2018. The appeal filed by Monsanto arises out of the Division Bench Judgment of the Delhi High Court which held that the Patent Claim of Monsanto on BG II Cotton is non patentable and not an invention as defined under Section 3(j) of the Patents Act. The argument against Monsanto is that by making a Patent claim on a gene that is introgressed in a Plant, it would amount to denial of Farmers' Rights and Researcher's Rights granted under the Protection of Plant Varieties & Farmers' Rights Act (PPV&FR Act). It would also amount to defeating the very purpose of the Plant Variety regime in India. The infringement suit filed by Monsanto arose on the basis of its Patent Claim and upon Monsanto terminating the License granted to NSL. NSL's argument was that the entire claim of Monsanto is on the basis of a Patent, which has been wrongly granted. Moreover, Monsanto cannot prevent NSL from marketing or developing its own variety based on a wrongly granted Patent on a Plant Variety which is excluded under Section 3(j) of the Patents Act in India.

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