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PRATHIBA M. SINGH
Ovid Therapeutics, Inc. – Appellant
Versus
Assistant Controller of Patents And Designs – Respondent
JUDGMENT
Prathiba M. Singh, J.
Brief Facts
1. This is an appeal under Section 117A of the Patents Act, 1970 (hereinafter `the Act') challenging order dated 31st August, 2021, issued by the ld. Assistant Controller of Patents and Designs (hereinafter `Controller'). By the impugned order, the Appellant's patent application bearing number 201717000025 titled `Methods of Increasing Tonic Inhibition and Treating Secondary Insomnia' (hereinafter `subject patent') has been refused under Section 15 of the Act. The Bibliographic details of the subject patent application are set out below:
| APPLICATION NUMBER | 201717000025 |
| APPLICATION TYPE | PCT NATIONAL PHASE APPLICATION |
| DATE OF FILING | 02/01/2017 |
| APPLICANT NAME | OVID THERAPEUTICS INC. |
| TITLE OF INVENTION | METHODS OF INCREASING TONIC INHIBITION AND TREATING SECONDARY INSOMNIA |
| FIELD OF INVENTION | PHARMACEUTICALS |
| ADDITIONAL-EMAIL (As Per Record) | knk@kankrishme.com |
| PCT INTERNATIONAL APPLICATION NUMBER | PCT/US2015/034018 |
| PCT INTERNATIONAL FILING DATE | 03/06/2015 |
| PRIORITY DATE | 06/06/2014 |
| REQUEST FOR EXAMINATION DATE | 18/05/2018 |
| PUBLICATION DATE (U/S 11A) | 07/04/2017 |
| REPLY TO FER DATE | 13/02/2020 |
2. The Appellant filed the present application as a National Phase Application,
The main legal point established in the judgment is that an amended patent claim must not broaden the scope beyond the originally filed claims and must demonstrate significant enhancement of therapeu....
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....
The court allowed the amendment of claims at the appellate stage and found that the invention satisfied the criteria of inventive step.
Enhanced bioavailability must be substantiated with data demonstrating enhanced therapeutic efficacy to meet patentability criteria under Section 3(d) of the Patents Act.
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....
A claimed patent must demonstrate novelty and an inventive step, which cannot be established by mere derivations that lack enhanced efficacy.
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