Monsanto Technology’s patent for BT cotton held not patentable

The Delhi High Court has dismissed Monsanto Technology’s patent for BT cotton and the claims of the Patent have been held to be not patentable under section 3(j) of the Act. Delhi High court also dismissed Monsanto’s plea to enforce said patent partially allowing the counter-claims of Indian seed companies – Nuziveedu Seeds Ltd, Prabhat Agri Biotech Ltd and Pravardhan Seeds Private Ltd.

Stay tuned for a detailed analysis of the order

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PATENTED TECHNOLOGY COMES AT A FIXED PRICE

Amidst the ensuing legal dispute over Monsanto’s Bt Cotton seed technology, including an investigation into Monsanto’s licensing deals as per the order of the CCI and the High Court ordering an injunction against Nuziveedu from selling BT cotton manufactured after expiration of its licence agreement with Monsanto, the Central Government has now fixed the sale price of cotton seeds and trait value vide its notification dated 8th March, 2016.

The Cotton Seed Price (Control) Order, 2015 confers to the Central Government the power to fix maximum sale price on cotton seeds. We are still awaiting the reaction it has invoked in the industry, particularly from the owner of the technology.

Visit this space again for a more exhaustive review.