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AMIT BANSAL
Societe Des Produits Nestle Sa – Appellant
Versus
Controller of Patents And Design – Respondent
JUDGMENT
Amit Bansal, J.
Background
1. The present appeal under Section 117A of the Patents Act, 1970 (hereinafter referred as "Act") impugns the order dated 29th December, 2021 passed by the Assistant Controller of Patents and Designs, Patent Office, Delhi (Patent Office) refusing the application for grant of patent application No.201817040811 for an invention title "Composition for use in the Prophylaxis of Allergic Disease".
2. Oral submissions in the matter were heard on 29th November, 2022 and 30th November, 2022. Vide order dated 30th November, 2022, the judgment was reserved in the appeal, giving liberty to the parties to file written submissions. Written submissions were filed on behalf of the appellant as well as the respondent.
Brief Facts
3. Brief facts necessary for deciding the present appeal are set out below:
I. On 10th March, 2017, the appellant filed PCT international application No.PCT/EP2017/055680 claiming priority from a European Patent Application, i.e., EP16172431.5 dated 1st June, 2016.
II. On 29th October, 2018, the appellant filed the National Phase Application in India as Indian Patent Application No.201817040811 titled as "Composition for use in the Prophy
The court allowed the amendment of claims at the appellate stage and found that the invention satisfied the criteria of inventive step.
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....
Procedural fairness and proper interpretation of claim scope are essential in patent application refusals.
A claimed patent must demonstrate novelty and an inventive step, which cannot be established by mere derivations that lack enhanced efficacy.
A patent rejection must be a reasoned order that explicitly analyzes prior art and demonstrates why a person skilled in the art would be motivated to combine teachings to arrive at the claimed invent....
The enhancement of known efficacy under Section 3(d) can include improvements in characteristics such as thermostability, and Section 3(e) requires that composition claims demonstrate properties beyo....
The Controller must provide a reasoned decision on pre-grant opposition addressing all raised grounds, particularly under Sections 3(d) and 3(e), to ensure compliance with natural justice standards.
A pre-grant opposition is in the nature of an aid to examination and is not an adversarial proceeding and thus no right of the Petitioner can be said to be violated so as to invoke the extraordinary ....
The court established that adherence to statutory procedures in patent examination is crucial for ensuring fair assessment of novelty and inventive steps.
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