Executive Summary
The Regents of the University of California appealed the refusal of their patent application concerning a recombinant Salmonella microorganism based live vaccine. The Controller argued that the broad scope of the claims led to two major issues: first, they potentially covered naturally occurring loss-of-function variants, making them non-patentable under Section 3(c) of the Patents Act; and second, the complete specification lacked sufficient disclosure and clarity for the wide range of organisms claimed. The Delhi High Court upheld the Controller's decision, dismissing the appeal on grounds of insufficient disclosure and non-patentability.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Delhi High Court. Understanding the court's reasoning in The Regents Of The University Of California vs The Controller Of Patents is valuable context for structuring arguments or assessing risk in similar proceedings.
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