Back
SENTHILKUMAR RAMAMOORTHY
Guangzhou Ocusun Ophthalmic Biotechnology Company Limited – Appellant
Versus
Joint Controller of Patents & Designs – Respondent
ORDER :
PRAYER: Transfer Civil Miscellaneous Appeal (Patent) filed under Section 117-A (2) of the Patents Act, 1970, pleased to pass an order setting aside the impugned order dated 15.02.2024 passed by the Respondent in respect to the Application No.202147005676 and allow Patent Application No.202147005676.
This appeal is directed against the order dated 15.02.2024 by which Patent Application No.202147005676 was rejected.
2. The appellant filed the above mentioned patent application titled “CRYSTAL FORM OF LANOSTEROL PRODRUG COMPOUND AND APPLICATION THEREOF” before the Patent Office, Chennai, on 10.02.2021. The said application was filed as a national phase application, which was derived from PCT application No.PCT/CN2019/097773. The appellant claimed priority from 25.07.2018. Pursuant to a request for examination, the First Examination Report(FER) was issued on 21.06.2022. By such FER, objections were raised inter alia on the ground that the claimed invention is patent ineligible under Section 3(d) of the Patents Act, 1970 and that it lacks an inventive step in view of prior art documents D1 and D2. The appellant replied to the FER on 21.12.2022 and also amended the claims by filing
A claimed patent must demonstrate novelty and an inventive step, which cannot be established by mere derivations that lack enhanced efficacy.
A new form of a known substance can only be considered patentable provided the same demonstrates enhanced efficacy.
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 allowed the amendment of claims at the appellate stage and found that the invention satisfied the criteria of inventive step.
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 court emphasized the importance of the Controller applying its mind to the facts and materials before it and deemed it appropriate to assume jurisdiction due to the non-application of mind by the....
The court emphasized the necessity for a detailed analysis on inventive steps in patent applications, ruling that mere conclusions without discourse on prior art are insufficient for rejecting patent....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
