Invention Requiring Destruction of Human Embryos Not Patentable Under Section 3(b) Patents Act: Calcutta HC

The Calcutta High Court has ruled that inventions requiring the destruction of human embryos are not patentable under Section 3(b) of the Patents Act, which prohibits patents contrary to public order and morality.

The Court upheld the Patent Office's rejection of a patent application on the grounds that the invention involved the destruction of human embryos and was therefore unethical and contrary to public order and morality.

The court emphasised that ethical considerations override commercial interests in such biotechnological research, aligning Indian patent law with international ethical standards on embryo protection.