Patents Act requires adherence to procedures in post-grant oppositions, emphasizing natural justice and timely resolutions to prevent delays in patent adjudication.

JUDGMENT

Prathiba M. Singh, J. (Oral)--The present writ petition has been filed by the Petitioner/Patentee-Novo Nordisk (hereinafter `Patentee') challenging the order dated 29th June 2022 passed by the ld. Deputy Controller of Patents & Designs (hereinafter `Deputy Controller'). The said order was passed by the ld. Deputy Controller on the representation dated 13th May, 2022 made by the Patentee in the post grant opposition proceedings qua patent no. IN257402.

2. The said order on the representation, arises out of order dated 3rd June, 2022 passed in W.P.(C)-IPD 14/2022 titled Sun Pharmaceutical Industries Ltd. v. Union of India and W.P.(C)-IPD 15/2022 titled Novo Nordisk A S v. Union of India. In the said order, the Court issued directions to the Patent Office in the following terms:

"9. Having heard the learned Senior Counsel and the other learned counsels for the respective parties, the following directions are passed:

(a) Representation dated 13.05.2022 filed by the Petitioner in W.P.(C)IPD 15/2022 shall be decided by the Competent Authority, within a period of two weeks from today. Needless to state the representation shall be decided in accordance with law.

(b)Insofar as the post-grant proceedings relating to the patent in W.P.(C)-IPD 14/2022 are concerned, the proceedings shall be held before the Controller on 01.07.2022.

10. It is made clear that this Court has not expressed any opinion on the merits of the case in both the petitions and all rights and contentions of the parties are left open."

3. The directions above were to the effect that the Patent Office would decide the representation of the Patentee dated 13th May, 2022 and thereafter proceed to hear the post-grant opposition on 1st July, 2022. The Patent Office has now given its decision on 29th June, 2022 disposing of the representation of the Patentee and fixing the matter for hearing of the post grant opposition on 4th July, 2022. The Court has been informed today that the hearing date has been changed to 20th July, 2022 at the request of the Patentee.

Background:

4. The brief background of this petition is that the Patentee filed international patent application bearing no. PCT/DK2004/000792 on 18th November, 2004 in respect of certain pharmaceutical preparations. Thereafter, Indian application bearing no. 2771/DELNP/2006 was filed on 17th May, 2006. The patent was finally granted on 4th October, 2013 being IN 257402 titled "PROPYLENE GLYCOL-CONTAINING PEPTIDE FORMULATIONS".

5. Post-grant oppositions under section 25(2) of the Patents Act, 1970 (hereinafter `Act') came to be filed by Opponent/Respondent No.4 -M/s Sun Pharmaceuticals Industries Ltd. (through its predecessors) (hereinafter `Opponent') as also by Respondent No.5-M/s USV Private Ltd. on 29th September, 2014 i.e., five days before the time for limitation for filing of the post-grant expired.

6. The said post-grant oppositions have now become the subject matter of multiple writ petitions filed by the parties and the situation as it stands is that despite almost 8 years having passed since the filing of the post-grant oppositions, the same continue to remain pending. A perusal of the list of dates handed over by the ld. Senior Counsel shows that after the initial submission of the notice of oppositions, the reply statements and affidavits, multiple affidavits, cross replies, and various other miscellaneous petitions have been filed by both the parties over the last few years.

7. After completion of pleadings and filing of evidence by the parties, the first recommendation of the Opposition Board was given on 21st August, 2019 and the hearing of the post grant opposition under Rule 62(1) of the Patent Rules, 2003 (hereinafter `Rules') was scheduled on 25th September, 2019 and 26th September, 2019. Thereafter, the Patentee filed the affidavit of an independent expert Prof. Daniel Erik Otzen which was taken on record by the ld. Controller. In view of the fresh evidence, the Controller dir