DHC’s First: Does a Species (Automatically) Anticipate Genus?
Since Novartis v. UOI (2013), a growing litany of cases relating to genus-species patent have been decided by various HCs of the country. Post Novartis, a consistent (and contentious) issue has been whether a later species patent stood disclosed and, thus, priorly claimed in the prior genus patent u/s. 64(1)(a). However, the recent decision of the DHC in FMC Corporation v. Natco raises the inverse issue- does a prior species patent anticipate a later genus patent u/s. 64(1)(a)? This question, in my research, has not been previously decided by Indian Courts. Facts Unlike previous genus-species […]
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