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IN THE HIGH COURT OF DELHI AT NEW DELHI
SAURABH BANERJEE
Zeria Pharmaceutical Co. Ltd. – Appellant
Versus
Controller Of Patents – Respondent
JUDGMENT :
SAURABH BANERJEE, J.
Preface:
1. This judgment addresses the issue of refusal of Indian Patent Application No.3630/DLNP/2011 titled “A COMPOUND REPRESENTED BY FORMULA (5a)”, filed on 13.05.2011 as a divisional patent application out of Indian Patent Application number 1090/DELNP/2007, [Hereinafter referred to as the “subject application], by the Assistant Controller of Patents & Designs[ Hereinafter referred to as the “Controller]. vide order dated 20.10.2016, [Hereinafter referred to as the “impugned order] under the provisions of the Patents Act, 1970 (as amended from time to time), [Hereinafter referred to as the “Act]
2. The invention under the subject application relates to a novel intermediate compound formula (5a), represented as A 2- [(2-hydroxy- 4,5-dimethoxybenzoyl) amino]-1, 3-thiazole-4-carboxylic acid methyl ester compound in which is a ring “A” represents a benzene ring/ a 6- membered aromatic heterocycle containing one or two selected from a nitrogen atom, an oxygen atom, and a sulphur atom, containing:-
R1 as a hydrogen atom,
R2 and R3 are each a methoxy group, and
R4 is a hydrogen atom.
Brief Narrative:
3. The Controller issued a First Examination Report, [Herei
A claimed patent must demonstrate novelty and an inventive step, which cannot be established by mere derivations that lack enhanced efficacy.
The court allowed the amendment of claims at the appellate stage and found that the invention satisfied the criteria of inventive step.
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 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.
Point of Law : Intellectual Property Law - Revocation of patents - Appropriateness of Bioavailability and Bioequivalency as Pre- Market Clearance Considerations” by Jane Moffitt, which opined that “a....
The court found deficiencies in the respondent's reasoning regarding patent application rejection, stressing the need for a proper evaluation of inventive step and adherence to principles of natural ....
The main legal point established in the judgment is the requirement for a detailed analysis of the existing knowledge and how the subject invention lacks inventiveness in light of the prior art when ....
An interlocutory injunction can be granted if infringement is established, and no credible challenge to patent validity is presented, even when prior publications and claims are involved.
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