ITC LIMITED

Calcutta High Court Overturns Patent Rejection for Nicotine Aerosol Device, Clarifies Public Health Exception Limits

- The Calcutta High Court remanded ITC Limited's patent application for a non-electronic nicotine aerosol delivery device after the Controller rejected it under Section 3(b) of India's Patents Act citing public health concerns. - The Court ruled that patent grants should be independent of commercial restrictions and that the Controller violated natural justice by relying on undisclosed documents not presented during initial examination. - This decision establishes important precedent limiting the Patent Office's ability to make policy decisions based on public health concerns and clarifies that tobacco-related inventions cannot be automatically rejected under Section 3(b).