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DELHI HIGH COURT
JYOTI SINGH
Sun Pharmaceutical Industries Ltd. – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. details about post-grant patent opposition (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding procedural compliance (Para 7 , 8) |
| 3. court's directions and non-opinion on merits (Para 9 , 10) |
| 4. conclusion and disposal of petitions (Para 11) |
JUDGMENT
Jyoti Singh, J. (Oral)
1. W.P.(C)-IPD 14/2022 has been filed seeking directions to Respondents No.2 and 3 to fix Petitioner's post-grant opposition, filed against Respondent No.4/Novo Nordisk A/S (patentee), with respect to patent No. IN 257402, for hearing under Rule 62(1) of the Patent Rules, 2003 (hereinafter referred to as `Rules') and adjudicate the same at the earliest, in accordance with law.
2. Patentee had filed a patent application bearing No. 2771/DELNP/2006, which was granted on 04.10.2013 and the Petitioner, through its predecessor-in-interest, filed a post-grant opposition on 29.09.2014, under Section 25(2) of the Patents Act (hereinafter referred to as `Act') against the impugned patent. On 27.08.2019, Recommendation of the Opposition Board was communicated to the parties and a hearing was scheduled under Rule 62(1) of the Rules. However, the proceedings did not progress for one reason or the other, co
The court highlighted the importance of timely adjudication in patent opposition proceedings and mandated adherence to procedural timelines.
Patents Act requires adherence to procedures in post-grant oppositions, emphasizing natural justice and timely resolutions to prevent delays in patent adjudication.
The recommendation of the Opposition Board is not binding, and a writ petition challenging it is not maintainable; objections can be raised during hearings before the Controller.
The non-binding nature of Opposition Board recommendations and the Controller's discretion in deciding the qualitative merit of the recommendations.
The need for a systematic manner in conducting pre-grant oppositions and the right to file affidavits of own experts in rebuttal.
The right to oppose a patent application is a statutory right that must be honored, even if the opposition is not submitted in the correct format.
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.
The court recognizes the progress made in opposition hearings and underscores the necessity of increasing staffing to address backlog effectively.
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