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C. HARI SHANKAR
ALLERGAN INC – Appellant
Versus
CONTROLLER OF PATENTS – Respondent
JUDGMENT :
C. HARI SHANKAR, J.
1. On 13th August 2012, the appellant submitted Patent Application No. 7039/DELNP/2012 to the Patent Office, New Delhi, for grant of a patent for “INTRACAMERAL SUSTAINED RELEASE THERAPEUTIC AGENT IMPLANTS.” The application contained the following 20 claims:
Providing at least two biodegradable sustained release implants containing at least one therapeutic agent.
Implanting the at least two biodegradable sustained release implants into the anterior chamber of an eye.
Treating the ocular condition.
Wherein the at least two biodegradable sustained release implants release about 100 ng per day of the at least one bioactive agent for a period greater than about 1 month.
2. The method according to claim 1 wherein the ocular condition is glaucoma.
3. The method according to claim 1 wherein the ocular condition is elevated intraocular pressure.
4. The method according to claim 1 wherein the sustained release implant releases about 70% of the at least one therapeutic agent over the first month.
5. The method according to claim 1, wherein the at least one therapeutic agent is selected from the group co
Amendments to patent claims are permissible to restrict claims as long as they remain within the scope of the original specification, supporting both clarity and legal compliance under Section 59.
Amendment of claims from ‘product by process’ claims to ‘process’ claims is permissible under Section 59(1) of the Patents Act, 1970, subject to certain conditions.
The decision highlights that patent amendment claims must fall within the initial disclosure's scope, and a lack of a reasoned decision violates the principles of natural justice in patent law.
The permissibility of amendments to patent claims prior to the grant and the broader permissibility for such amendments were established in the judgment.
The court allowed the amendment of claims at the appellate stage and found that the invention satisfied the criteria of inventive step.
Procedural irregularities in patent opposition must respect principles of natural justice, and amendments to patent claims cannot broaden their scope.
The main legal point established in the judgment is that amendments made to patent claims at the instance of the Controller, pursuant to the directions of the Controller, do not violate the principle....
The refusal of a patent application for a therapeutic drug composition based on the grounds of it being a method of treatment is erroneous; claims must be recognized as product claims, distinguishing....
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