Article
Cultivating clarity: Section 3(h) and the jurisprudence of partial grants
By Eeshita Das and Dr. Prosenjit Chattopadhyay
Adding to the judgements issued by various courts regarding the application of Section 3(h) of the Patents Act, 1970, the Calcutta High Court has clarified that merely because an invention is related to agriculture or horticulture, it cannot be considered non-patentable under Section 3(h). The High Court additionally shed light on the allowability of ‘partial grants’ of claims in India. This article in this issue of IPR Amicus examines this decision in detail, focusing on both the issues. The authors note that after remand by the High Court, hearing proceedings were instituted by the Patent Office and the patent application was granted on 11 December 2025. Further, observing that it is clear that Section 3(h) only excludes inventions in the field of plant propagation by asexual methods, the authors state that it remains to be seen whether Controllers will apply Section 3(h) in view of the established jurisprudence.
Ratio decidendi
- Trademarks – Even clipped version of INNs barred by Section 13 of Trade Marks Act – Bombay High Court
- Trademark ‘SoEasy’ used for a platform to provide instructional and teaching material on Hindi language, is not descriptive but suggestive – Delhi High Court
- Trademarks – Prior user is not necessary for filing opposition under Section 21 – Delhi High Court
- Patents – Execution of Letter of Request by foreign court – Conditions – Madras High Court
- Patents – Opposition hearing – Reliance on any ‘publication’ not mentioned in notice, statement or evidence – Word ‘publication’ in Rule 62(4) not covers invoices, consignment notes, permits and test certificates – Madras High Court
- Territorial jurisdiction of Court – Listing on third party websites/ ecommerce platforms/social media is not enough – Commercial transaction is required – Delhi High Court
- Territorial jurisdiction of Court – Presence of website – Commercial transaction when not required – Delhi High Court
- Territorial jurisdiction of Court – Having a ‘Contact Us’ page on the website, which is accessible, is enough – Delhi High Court
News Nuggets
- ‘Hermes’ declared a well-known mark
- Patentability of computer-related invention – No exclusion by Section 3(k) if making technical contribution/effect
- Design – Registration cannot be denied for want for aesthetic appeal
- India proposes AI–copyright overhaul with ‘one nation, one licence, one payment’ model