New varieties of plants and processes for producing plants or animals which include naturally occurring phenomena such as breeding, cannot be patented in India. You can refer to 2245/DELNP/2009 which was rejected on the grounds of both section 3(j) as well as 3(h). A famous case pertaining to this subsection is Nuziveedu Seeds Ltd. And Ors. vs Monsanto Technology Llc. Hope this answers your question. Please feel free to reach out in case of any other queries. Thanks.
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Kindly explain section 3 (j).. as to what is the exception of this subsection?
New varieties of plants and processes for producing plants or animals which include naturally occurring phenomena such as breeding, cannot be patented in India. You can refer to 2245/DELNP/2009 which was rejected on the grounds of both section 3(j) as well as 3(h). A famous case pertaining to this subsection is Nuziveedu Seeds Ltd. And Ors. vs Monsanto Technology Llc. Hope this answers your question. Please feel free to reach out in case of any other queries. Thanks.