Executive Summary
Merus N.V appealed the rejection of its Indian Patent Application No. 467/CHENP/2011 by the Assistant Controller, which had been based on non-patentability grounds (Section 3(i) and 3(j)). The appellant argued that the amendments were permissible as they merely refined the claim to nucleic acid molecules while retaining the core invention. The High Court found merit in the appellant's argument regarding the scope of amendments.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Madras High Court. Understanding the court's reasoning in Merus N.V vs Assistant Controller of Patents and Designs, Government of India is valuable context for structuring arguments or assessing risk in similar proceedings.
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