Proposed amendments fall foul of the spirit of transparency that India must uphold
The Supreme Court noted that revocation petitions of patents cannot follow from a summary proceeding that lacks proper examination of exhibits and examination of expert witnesses. The Court directed that the issues of whether the subject matter of Monsanto’s patent can be considered as a plant or a part of the plant are to be decided during the final hearing of the suit, viz. after production of documents and examination of parties/experts.
Questions posed by petitioner Col Mathew Thomas — on security of the servers, access to data during de-duplication, extent of access to foreign agencies — remain unanswered.
