Morality can't determine patent decision without tech proof: HC
2
3
4
Kolkata: Without considering any independent scientific or technical evidence, morality could not be the basis for denying a patent, the Calcutta High Court held as it asked the Controller of Patents, Designs and Trademarks to reconsider the patent application of an invention by ITC Limited.
"The interaction of patent laws and ethics is an uncomfortable relationship and has always produced difficulties. In such circumstances, Section 3(b) (of the Patents Act, 1970) ought not to be interpreted to deal with all subjective concerns of morality, public order or health, regardless of any scientific or technical evidence or any cogent reasoning," Justice Ravi Krishan Kapur said.
On Aug 21, 2024, the application for a patent of an invention, titled 'A heater assembly to generate aerosol', filed by the company, was rejected by the controller on the grounds that the invention caused serious prejudice to human life, health, public order and morality.
The company's counsel contended the finding that the invention was contrary to "public order and morality" was cryptic and completely bereft of reasons.
"With the increasing demand for handheld aerosol-generative devices, which are able to deliver aerosol for user inhalation, the invention was designed to provide a uniform heat distribution system throughout the aerosol-forming substrate present with an aerosol-generating article," the company submitted in court.
by Taboola
by Taboola
Sponsored Links
Sponsored Links
Promoted Links
Promoted Links
You May Like
[Click Here] - 2025 Top Trending Search - Local network access
Esseps
Learn More
Undo
T
he counsel for the controller submitted that the order was adequately reasoned and was in conformity with The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Transport, Sale, Distribution, Storage, and Advertisement) Act, 2019. But the judge noted that the Act dealt with the sales, manufacture, import and export and not with the grant or non-grant of a patent for an invention.
Justice Kapur noted in the judgment on May 20: "The controller has fundamentally erred in his understanding of the invention. Though the invention works on substrates (solid or in liquid form) which may or may not contain tobacco compounds, it is not predicated or limited to the substrate at all. The impugned order erroneously proceeds on the basis that the invention shall exclusively be only used with substrates comprising active tobacco compounds and thus cause prejudice to human life and health.
"
He further held that the controller misjudged not only the role of the patents office but also misinterpreted the subject invention. The matter was remanded back to the controller to take a decision afresh after giving a hearing to all the parties within three months. "The preconceived and subjective notion that all tobacco products cause serious prejudice to human life and health without any reliance on scientific or technical evidence or any other supporting facts is unsustainable," the judge observed.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
42 minutes ago
- The Hindu
Bihar Cabinet approves two five-star hotels; 16 other decisions given approval
The Bihar cabinet on Tuesday (August 19, 2025) approved the construction of two five star hotels at Rajgir in the Nalanda district and a five star resort in Vaishali district in PPP mode to provide better and quality accommodation to the tourists visiting these places. The decision was taken during the Cabinet meeting chaired by Chief Minister Nitish Kumar in which a total of 16 decisions were approved. As per the tourism department's proposal, two five-star hotels will be constructed on 10 acres of land near Mela Maidan in Rajgir in Nalanda district while a five-star resort will be developed on 10 acres of land at recently inaugurated Buddha Samyak Darshan Museum-cum-Memorial Stupa, Cabinet Secretariat Department's Additional Chief Secretary (ACS) S. Siddharth said in a post Cabinet briefing. The two hotels and a resort will be constructed and operated in accordance with the provisions of Infrastructure Development Enabling (Amendment) Act, 2023, he said and added that the land will be provided on 'lease' to the private developer which will carry out the construction of hotels on the said land. Stating that a huge number of tourists visit several tourist places in Rajgir and Vaishali, Mr. Siddharth said that the construction of five-star hotels and a resort will provide better amenities and quality accommodation to the tourist visiting the two aforementioned places. The decision to provide modern facilities and quality accommodation at tourist sites apart from the State capital will not only give a boost to the tourism sector of the State but will also spur economic and social activities leading to creation of both employment and trade opportunities, a Cabinet press note said. In another important decision, the Cabinet gave its nod to the education department's proposal to double the amount of 'State Teacher Award' from ₹15,000 to ₹30,000. The award is given by the State government to teachers of primary, middle, secondary and higher secondary government schools for developing a quality education system and also to motivate them for their good work. Earlier, the number of recipients of the award used to be two-three but the last year, 42 teachers were given the State teacher award, Mr. Siddharth said while making it clear that the number of recipients could be more depending on the availability of able teachers as there is no cap with regard to how many teachers can be given this award. The Cabinet also decided to reduce the fee to ₹100 for candidates appearing for Preliminary Test (PT) whereas no examination fee will be charged for mains. Along with it the candidates clearing PT will not be charged any fee for the mains examination. Bihar CM in his independence day speech announced about the fee reduction and fee waiver for PT and Mains exams held by various commissions to fill the different posts of government jobs. The Cabinet also sanctioned ₹363.99 crore for the construction of a 7.40 KM four lane road including an ROB to connect Rajgir Sports Complex-cum-Rajgir International Cricket Stadium. It also sanctioned ₹539.19 crore for construction of 19.43 km long Salepur-Narsanda-Telmar-Karauta road (upto 224 km of NH-30) which will be converted into a four-lane road instead of two-lane road. It also decided to celebrate the birth anniversary of late Upendra Nath Verma, educationist, social reformer, social worker, as 'state function' every year on August 23 at a place where his statue has been installed on north west corner of Digghi talab in Gayaji town. The Cabinet also approved the list of holidays for the calendar year of 2026 which will be applicable in all the government offices and all the revenue magistrate's courts. There will be 24 holidays in 2026 declared under The Negotiable Instruments Act 1881 in Bihar. Besides, there will be one day holiday on April 1, 2026 for the annual bank closing holiday. There will be 22 holidays in 2026 as per the list of optional/restricted holidays.
Time of India
an hour ago
- Time of India
Aquarius Daily Horoscope Today, August 20, 2025: Your boss may notice if you hold back ideas today
Today encourages you to slow down and feed your inner self with peace and positivity. Life may feel busy, but taking time for your soul will restore your energy. Avoid unnecessary stress and focus on what truly makes you feel happy. Reading, music, or a walk in nature can bring calm. Spend time with people who uplift you. When your soul feels nourished, everything flows better. Aquarius Love Horoscope Today In love, nurturing your heart and soul brings deeper harmony. If in a relationship, spend quality time with your partner in peaceful moments. Avoid arguments and focus on shared activities that heal and strengthen your bond. For singles, caring for yourself attracts love naturally. Do not rush into relationships; instead, build emotional strength first. Love grows beautifully when it comes from a place of inner peace. Today, gentle care for yourself creates a warm, inviting energy for true affection. Aquarius Career Horoscope Today Career life today benefits when you stay calm and composed. Avoid overloading yourself with work that drains your energy. Focus on tasks that matter most and handle them with patience. Colleagues may appreciate your peaceful approach, and seniors may value your steady contribution. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like The 5 Books Warren Buffett Recommends You To Read in 2025 Blinkist: Warren Buffett's Reading List Undo Taking breaks to recharge will improve productivity. Avoid workplace stress by setting clear priorities. When your soul is nourished, your work shines with clarity and creativity. This balanced energy attracts progress and keeps professional relationships positive. Aquarius Money Horoscope Today Financially, this is a day to avoid stress and focus on stability. Do not rush into big decisions without understanding them fully. Take time to review your finances and plan calmly. Nourishing your financial health means creating a balance between spending wisely and saving consistently. Seek advice if required, but trust your instincts. When you care for your finances gently and thoughtfully, stability and abundance naturally follow. Aquarius Health Horoscope Today Health improves when you nurture both mind and body. Avoid ignoring emotional stress, as it can affect physical wellness. Practice meditation or relaxation techniques to release tension. Include nourishing food that supports your energy and avoid overindulgence. Gentle exercise like yoga or stretching will refresh you. Rest when your body asks for it. When you nourish your soul today, your overall health strengthens, bringing balance and inner joy. Discover everything about astrology at Times of India , including daily horoscopes for Aries , Taurus , Gemini , Cancer , Leo , Virgo , Libra , Scorpio , Sagittarius , Capricorn , Aquarius , and Pisces . Read your detailed Horoscope Today and Horoscope Tomorrow here.
Time of India
an hour ago
- Time of India
China ties have made steady progress, looking forward to meeting Xi, says PM
PM Modi meets Chinese Foreign Minister Wang Yi NEW DELHI: The recent Sino-Indian detente seemed set for a significant step forward with PM Narendra Modi saying Tuesday that bilateral ties have made "positive and steady" progress guided by respect for each other's interests and sensitivities, and accepting President Xi Jinping's official invitation to visit China for the SCO summit. The invitation along with a message from Xi was delivered to Modi by Chinese foreign minister Wang Yi, who called on the PM after his meeting with NSA Ajit Doval for the Special Representatives' talks on the boundary question. Recalling his meeting with Xi in Kazan in Oct, which opened the doors for normalisation of the relationship after an intense military standoff, Modi said he was looking forward to meeting the Chinese president on the margins of Eurasian bl-oc summit in Tianjin on Sept 1. "Stable, predictable, constructive ties between India and China will contribute significantly to regional as well as global peace and prosperity," said Modi in a post on X after the meeting with Wang. According to an Indian readout, Modi also emphasised the importance of maintaining peace on the border, and reiterated India's commitment to a fair, reasonable and mutually acceptable resolution of the boundary question. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Has Nissan Raised the Bar? Explore the 2025 Nissan Navara TheDaddest Undo This was underlined by Doval in his meeting with Wang in which they discussed issues related to de-escalation, delimitation and boundary affairs. Wang also shared with the PM his positive assessment about his meetings with both Doval and external affairs minister S Jaishankar, saying there was "new consensus" on border management, maintenance of peace and on starting boundary delimitation talks. . Doval and Jaishankar strongly raised the need to fight terrorism in all its forms, underscoring that it was one of the original objectives of SCO. According to MEA, Wang, who will visit Pakistan this week, concurred that countering terrorism should be given highest priority. "The PM welcomed the steady and positive progress in bilateral ties since his meeting with President Xi in Kazan last year, guided by mutual respect, mutual interest and mutual sensitivity, including the resumption of the Kailash Manasarovar Yatra," said the Indian govt, adding Modi thanked Xi for the invitation and expressed support for China's presidency of the SCO Summit. Modi will arrive in Tianjin on Aug 31 for what will be his first visit to China in over seven years. He had last visited China in 2018, again for the SCO summit. SCO has been an important forum for India to assert its strategic autonomy but his visit on this occasion has evoked more than just a cursory interest, as it comes in the middle of what many see as the worst phase in India's ties with the US in decades. While the Trump administration seems to have made peace with Moscow, it continues to target India for its energy imports from Russia, accusing the Indian govt of funding Vladimir Putin's war. Trump's trade adviser Peter Navarro accused India of "now cozying up" to both China and Russia, as he made his point about the risks involved in transferring cutting-edge US military technology to India. In his meeting with Wang, Doval hailed new energy and momentum in ties, saying with tranquillity in border areas, there had been more substantive engagement. Wang too said this year, the border situation had remained stable and was improving.
