The Intellectual Property Appellate Board (IPAB) has upheld the patent controller’s order refusing patent to the climate-resilient plant developed by US biotechnology firm Monsanto Technology . Monsanto was denied a patent by the Controller of Patents & Designs, Trademark and Geographical Indications, Mumbai, in June 2011, to methods of producing a transgenic plant with increased heat, salt and drug tolerance.
Aggrieved by the order, Monsanto moved the IPAB with an appeal against the patent controller's verdict.
The patent commissioner had refused to grant patent as it found that the claim lacked inventive step. It found that the claims did not define any invention under section 2(1)(ja) of the Patents Act, 1970, as the structure and function of cold shock protein was already known in cited prior art and obvious to those skilled in developing transgenic plants.