patent
NBA Approval Not a Passport to Patentability: Delhi HC
The Delhi High Court has clarified in Shaafi Naturcure LLP v. Assistant Controller of Patents that approval from the National Biodiversity Authority (NBA) does not guarantee patentability. The court dismissed the appeal, ruling that the Biological Diversity Act and the Patents Act serve distinct objectives. Additionally, the bench emphasized that post-filing evidence cannot compensate for deficiencies in the original specification. With internal contradictions regarding synergistic effects and a failure to overcome traditional knowledge exclusions under Section 3(p), this judgment provides a vital roadmap for practitioners handling biodiversity-based pharmaceutical inventions in India.