Remanded Decisions
53 cases | Page 1 of 2
President And Fellows Of Harvard College v.Controller General Of Patents Designs and Trademarks
The Appellant appealed against the Controller General's refusal to grant a patent application concerning SC-β cells. The rejection was based on objections regarding definitiveness, non-patentability, and sufficiency of disclosure. The High Court set aside the impugned order and remanded the matter for fresh consideration by another officer due to significant changes in the claims.
Daewoong Pharmaceutical Co. Ltd. v.Controller General Of Patents Designs and Trademarks
Daewoong Pharmaceutical appealed the rejection of its patent application (No. 201817048074) by the Controller General, which was based on non-patentability under Section 3(d). The appeal challenged the decision to reject the application despite submissions regarding improved therapeutic efficacy and stability data.
Grains Research And Development Corporation v.The Assistant Controller Of Patents And Designs
The Appellant filed an appeal challenging the Assistant Controller's refusal to grant a patent for a method of controlling insects in stored food using synthetic amorphous silica. The rejection was based on lack of inventive step and non-patentability under Section 3(d).
Manu Chaudhary v.Controller Of Patents And Design
Manu Chaudhary appealed the refusal of his patent application (IN 201711047431) by the Controller of Patents and Designs. The rejection was primarily based on the lack of National Biodiversity Authority (NBA) approval. The High Court found that since the appellant had applied for NBA approval, the Controller should have deferred the final order instead of refusing the patent application.
Neway Industries Pvt. Ltd. v.Mold-Tek Packaging Limited
Mold-Tek Packaging Ltd filed a suit for infringement against Neway Industries Pvt. Ltd regarding two patents related to pail closure systems and tamper-proof lids. The dispute reached the Delhi High Court, where appeals were heard concerning the validity of the patents and the status of interim injunctions.
Steigerwald Arzneimittlewerk Gmbh v.Assistant Controller Of Patents And Designs
The Appellant challenged the Assistant Controller's refusal to grant a patent application (No. 1285/DEL/2009) on grounds of lack of novelty and inventive step. The invention relates to a method for producing a plant-based medicament, Iberogast, which requires a specific mixing sequence for stable quality. The High Court found infirmities in the Controller's order regarding the reasoning under Sections 3(d) and 3(e), setting aside the Impugned Order and remanding the matter.
Tapas Chatterjee v.Assistant Controller Of Patents And Designs & Anr.
Tapas Chatterjee appealed a decision where the Assistant Controller rejected his patent application for 'Recovery of Potassium Sulphate...'. The rejection was based on pre-grant opposition filed by CSIR, citing lack of inventive step (Section 25(1)(e)). The High Court remanded the matter back to the CGPDTM for fresh consideration, restricting it only to the objection raised by CSIR regarding inventive step.
Aethlon Medical, Inc v.Controller General Of Patents, Designs and Trademarks & Anr.
Aethlon Medical, Inc appealed an order refusing to grant its patent application for a medical device used in extracorporeal removal of microvesicular particles. The initial refusal was based on lack of novelty and non-patentability under Section 3(i) of the Patents Act, 1970. The Delhi High Court examined the matter, accepting the auxiliary claims as permissible amendments within the specification. Ultimately, the court found that the merits had not been fully examined and remanded the case back to the Controller General for fresh consideration, granting the appellant a hearing.
Dong Yang Pc, Inc v.Controller Of Patents And Designs
Dong Yang Pc, Inc appealed the rejection of its patent application (No. 2554/DEL/2013) by the Controller of Patents and Designs. The rejection was based on a lack of inventive step in view of prior art D-5. The High Court set aside the impugned order and remanded the matter for fresh consideration.
Taiho Pharmaceutical Co Ltd v.The Controller Of Patents
Taiho Pharmaceutical appealed a refusal order by the Controller of Patents regarding its application for a novel piperidine compound. The rejection was based on lack of inventive step and non-patentability under Section 3(d), citing prior art D1. The High Court found that the Controller failed to identify a specific 'known substance' from the Markush structure in D1, making the rejection unsustainable.
Blackberry Limited v.Assistant Controller Of Patents And Designs
Blackberry Limited appealed the refusal of its patent application (No. 1071/DEL/2007) by the Assistant Controller of Patents & Designs. The refusal was based partly on objections related to amendments, which the appellant argued were merely corrections and explanations within the scope of Section 59. The High Court found that the impugned order lacked reasoning regarding the rejection of these amendments.
Marelli Europe S.P.A. v.The Deputy Controller Of Patents And Designs
Marelli Europe S.P.A. appealed against the Deputy Controller's order refusing grant of a patent application, citing lack of inventive step. The appellant argued that the rejection was mechanical, merely copying prior art extracts without providing reasoned justification for why the invention lacked inventive step. The Court agreed, finding the impugned order lacked proper application of mind.
Milliken And Company v.Controller Of Patents And Designs & Anr.
Milliken And Company appealed the Assistant Controller's order refusing to grant an Indian patent application. The appellant argued that the Controller failed to consider a crucial expert statement by Dr. Nathan A Mehl. The High Court found merit in the appeal, holding that foreign decisions are not binding and directing the matter back for fresh consideration.
Kawakami, Shigeki & Ors. v.Assistant Controller Of Patents And Designs
The appellants challenged the Assistant Controller's order rejecting their patent application. The core issue was that the rejection was based on a ground (lack of novelty) which was not included in the initial hearing notice, violating the Principles of Natural Justice. The Court found that since the applicant was deprived of the opportunity to address this specific objection, the impugned order suffered from procedural irregularities.
Elanco Tiergesundheit Ag v.The Assistant Controller Of Patents And Designs
The appellant challenged the refusal of their patent application, which claimed a method for generating live vaccines. The Delhi High Court found that the impugned order was merely a reproduction of the hearing notice and lacked independent reasoning or application of mind to the appellant's submissions. Consequently, the court set aside the rejection and remanded the matter for fresh consideration.
Star Scientific Limited v.The Controller Of Patents And Designs
Star Scientific Limited appealed the Controller's order refusing the grant of a patent (Application No. 202017011947) for Catalytic Combustion. The appellant argued that the refusal was flawed because it failed to consider their detailed responses and amendments, and that non-attendance at the hearing was not abandonment due to financial difficulties. The High Court set aside the impugned order and remanded the matter for fresh consideration.
Man Truck Bus Se v.Assistant Controller Of Patents Designs
The appellant, a commercial vehicle manufacturer, appealed the Assistant Controller's decision rejecting its patent application. The appeal argued that the Controller ignored foreign patents filed by the appellant and violated natural justice by relying on prior art (D5) during the hearing which was never included in the initial notice.
W R Grace And Co Conn v.The Controller Of Patents
W R Grace & Co Conn appealed the Patent Office's refusal of its patent application (201717030699), which related to a crystalline form of Nicotinamide Riboside. The refusal was based on lack of inventive step and failure to meet requirements under Sections 3(d) and 3(e). The Appellant subsequently filed amended claims restricting the scope to the method aspect, leading the Court to remand the matter for fresh examination by the Patent Office.
Microsoft Technology Licensing, Llc v.The Assistant Controller Of Patents And Designs
Microsoft appealed the refusal of its divisional patent application, which was rejected on grounds including lack of distinct invention (Section 16) and non-patentability as a computer program per se (Section 3(k)). The court set aside the impugned order regarding Section 16 but remanded the matter to the Respondent for fresh examination specifically concerning the objections under Section 3(k).
Syngenta Limited v.Controller Of Patents And Designs
Syngenta Limited appealed an order rejecting its divisional patent application (No. 7059/DELNP/2011). The dispute centered on whether the parent application (No. 6114/DELNP/2005) truly disclosed multiple inventive concepts, which is a prerequisite for filing a valid divisional application under Section 16 of the Patents Act, 1970.
Nippon Steel Corporation v.The Assistant Controller of Patents and Designs
Nippon Steel Corporation appealed the Assistant Controller's refusal of its patent application for 'Non-Oriented Electrical Steel Excellent in Magnetic Properties'. The Appellant argued that the rejection order failed to provide a proper hearing and did not adequately discuss the novelty and inventive step objections. The Delhi High Court found that the impugned order summarily rejected the application without due consideration of prior art, leading to its remand.
Grupo Petrotemex S.A. De C.V. v.Controller Of Patents
The appellant challenged the Patent Office's order rejecting its patent application (No. 965/DELNP/2006). The rejection was based on a lack of inventive step, even though the initial objection raised by the Patent Office related only to novelty. The High Court found that the impugned order went beyond the scope of the original objection and allowed the appeal.
Alternative Gene Expression S L v.The Controller Of Patents
The appellant challenged the Patent Office's order rejecting its patent application, which held that the method of producing recombinant proteins by destruction of pupa was non-patentable under Section 3(b). The High Court found the rejection order to be cryptic and lacking reasoned justification despite detailed submissions from the appellant.
Dr. Sapna Nangia v.The Assistant Controller Of Patents And Designs
Dr. Sapna Nangia appealed the rejection of her patent application for a device and process related to tactile feedback replicating breath hold. The Assistant Controller rejected the application, citing lack of inventive step based on prior art documents D1 and D2. The High Court found the impugned order perfunctory and unreasoned, quashing it and remanding the matter for fresh consideration.
N.V. Satheesh Madhav And Anr v.Deputy Controller Of Patents And Designs
The appeal challenged the Deputy Controller's refusal to grant a patent for an invention related to a bio-bed and method for growing Vigna radiata plants. The initial objections included lack of inventive step, non-patentable subject matter (Section 3(h)), and clarity issues. Although some objections were dropped, the final refusal was based on Section 2(1)(ja) and Section 3(d).
Plusplus Lifesciences Llp & Anr. v.Dr. Shiwani Singh & Ors.
Plaintiffs sought an ad-interim injunction restraining the defendants from dealing with medicines bearing marks like 'NUTRIEPIC' and 'UTTERCARE', alleging misuse of confidential information related to their multi-micronutrient supplement, 'TRIMACARE'. The court examined claims of passing off and similarity between the marks. Ultimately, the ex-parte order was vacated, but the defendants were directed to disclose sales data.
FMC Corporation v.The Controller Of Patents
FMC Corporation appealed the rejection of its patent application for 'HERBICIDAL MIXTURES' based on procedural grounds, primarily the failure to file timely written submissions. The High Court noted that while the applicant was responsible for delays, the original order lacked proper reasoning and considered the merits of the case. Consequently, the appeal was allowed in terms of remanding the matter back to the Controller for fresh consideration.
Auckland Uniservices Limited v.Assistant Controller Of Patents And Designs
Auckland Uniservices Limited appealed the Assistant Controller's refusal of a patent application for 'Magnetic Field Shaping for Inductive Power Transfer'. The refusal was based on lack of inventive step over prior art. The High Court set aside the impugned order, finding that the Respondent failed to provide reasoned analysis regarding how a person skilled in the art would move from existing knowledge to the claimed invention.
Otsuka Pharmaceutical Co Ltd v.The Controller Of Patents
Otsuka Pharmaceutical appealed the Controller's order refusing a patent application for a medicament combination involving Brexpiprazole, citing lack of inventive step. The appellant argued that the rejection was non-reasoned and procedurally flawed, particularly because the Respondent introduced new prior art documents (D2 and D3) without giving the Appellant an opportunity to respond. The High Court found the impugned order vitiated due to procedural infirmities and set it aside, remanding the matter for fresh consideration.
Ds Biopharma Limited v.The Controller Of Patents And Designs and Anr
Ds Biopharma Limited appealed the rejection of its patent application by the Assistant Controller. The Appellant argued that the grounds for rejection, particularly under Section 3(d), were not properly specified in the hearing notice, violating natural justice. The Court found that the Appellant lacked adequate opportunity to respond to the specific objection under Section 3(d).
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