Background
R J Reynolds Tobacco Company filed an Indian patent application concerning a method for preparing a sugar-containing syrup from the stalk of a Nicotiana (tobacco) plant. Despite protracted prosecution and the grant of similar patents internationally, the Indian Patent Office refused the application on 19 September 2019 under Section 3(b) of the Patents Act, 1970, which bars patents for inventions whose use could harm human, animal or plant life, health, or the environment.
Grievances of the Appellant
The appellant argued that the refusal was arbitrary and lacked proper reasoning. They contended that 17 of the 18 pages of the rejection order merely copied the appellant's submissions without analysis. No consideration was given to the scientific data or comparative international patent grants presented by the appellant. The rejection was solely based on the generalized belief that tobacco is harmful, without specific evidence showing that the patented process itself caused serious health prejudice.
Contentions of the Respondent
Despite directions, the Controller General of Patents failed to submit any defense or clarifications. The refusal order thus remained unsubstantiated.
Court’s Observations
The Court noted that Section 3(b) is aimed at preventing patents that violate public order, morality, or health but emphasized that subjective and blanket assumptions without specific evidence are not sufficient grounds for rejection. The Controller’s order lacked independent reasoning, critical analysis, or evaluation of the appellant’s scientific material. The rejection reflected a prejudged stance rather than an informed decision based on the specific facts of the invention.
Court’s Decision
The Court set aside the impugned refusal order and remanded the matter back to the Controller for fresh consideration within four months, explicitly stating that no merits of the application had yet been adjudicated.
Case Title: R J Reynolds Tobacco Company Vs The Controller General of Patents, Designs and Trademarks
Date of Order: 16 April 2025
Case No.: IPDPTA/31/2023
Name of Court: High Court at Calcutta
Name of Judge: Hon'ble Justice Ravi Krishan Kapur
