ISSUE:
Whether there exists a bar to the patentability of a process of manufacturing when the process consists of a living organism?
Whether such processes qualify under Section 2 and Section 5 of the Patent Act 1970?
RULE:
The Vendibility Test is a technique in order to measure the patentability of an invention. The test measures to what extent and how the process of the claimed invention leads to improvement, preservation, or restoration of the product, and if the product in the due time of the manufacturing process serves any of those purposes, the test is passed through.