Abbvie Biotherapeutics Inc & Anr. v. Assistant Controller Of Patents

C.A.(COMM.IPD-PAT) 44/2023

The appeal challenged the refusal of an Indian patent application for 'ANTI-cMet ANTIBODY DRUG CONJUGATES AND METHODS FOR THEIR USE'. The appellant sought to amend claims from methods of treatment to product claims. The court upheld the Controller's decision, finding that the original specification focused on method-of-use and the proposed amendments were an impermissible broadening of scope.

Jurisdiction
India
Court
Delhi High Court
Case Number
C.A.(COMM.IPD-PAT) 44/2023
Judge(s)
Amit Bansal

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before Delhi High Court. Understanding the court's reasoning in Abbvie Biotherapeutics Inc & Anr. vs Assistant Controller Of Patents is valuable context for structuring arguments or assessing risk in similar proceedings.

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