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SENTHILKUMAR RAMAMOORTHY
Novozymes – Appellant
Versus
Assistant Controller of Patents – Respondent
JUDGMENT :
SENTHILKUMAR RAMAMOORTHY, J.
Prayer: This Civil Miscellaneous Appeal filed under Section 117A of the Patents Act, 1970, prays (i) to allow the present appeal; (ii) pass an order setting aside the impugned order of the Respondent dated 15th November 2016 and pass an order granting a patent on Indian Patent Application No. 5326/CHENP/2008.
BACKGROUND
1. The appellant challenges the order dated 15.11.2016 of the respondent refusing to grant a patent in respect of Indian Patent Application No. 5326/CHENP/2008. The said application pertains to an invention that was originally titled as “Phytase Variants” and subsequently amended as “Phytase Variants with Improved Thermostability.” The amended claims of the appellant include the following:
2. The
The court allowed the amendment of claims at the appellate stage and found that the invention satisfied the criteria of inventive step.
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 established that inventions based on traditional knowledge are not patentable if they do not demonstrate a significant inventive step beyond known properties.
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 ....
Enhanced bioavailability must be substantiated with data demonstrating enhanced therapeutic efficacy to meet patentability criteria under Section 3(d) of the Patents Act.
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 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 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....
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