Patents Can’t Be Denied Without Scientific Basis Under Morality or Health Grounds: Calcutta High Court

The Calcutta High Court has held that a patent cannot be denied merely on grounds of public order, morality, or health without cogent scientific or technical evidence.

The court ruled that Section 3(b) of the Patents Act hinges on the intent behind an invention, not its perceived effects.

The Court was hearing a case where ITC Limited's patent invention for an aerosol-generating heater assembly was denied due to its link with e-cigarettes.

The Court set aside the rejection, calling the Controller’s reasoning unscientific and unsupported. The court clarified that patent rights are exclusionary,  do not equate to commercialization rights, and ordered a fresh evaluation.