Short Summary
Biotron Limited appealed a rejection of its patent application concerning novel antiviral compounds. The initial rejection was based on lack of inventive steps, insufficient disclosure, and non-patentability under Section 3(d) of the Patents Act, 1970. The High Court set aside the impugned order and remanded the matter for fresh adjudication.
Detailed Summary
of the Paris Local Division of the Unified Patent Court concerning a request for extension of time filed by the Bosch defendants. The judge-rapporteur rejected Bosch's request, finding that a non-redacted version of Valeo's 15 June 2026 filing had been deposited in the CMS simultaneously with the redacted version, and that Bosch had failed to exercise due diligence in accessing it. The court ruled that the deadlines under R.29(d) RdP run from 15 June 2026.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Calcutta High Court. Understanding the court's reasoning in Biotron Limited vs The Controller General Of Patents & Designs & Anr is valuable context for structuring arguments or assessing risk in similar proceedings.
Related Cases
Calm Water Therapeutics LlcvsThe Assistant Controller Of Patents And Designs
The appellant challenged the refusal of its divisional patent application (No. 201918017795), which was rejected on grounds including conflict with the parent application and non-compliance with various sections of the Patents Act, 1970. The Delhi High Court found that the Assistant Controller evaluated the application based on claims that had been waived by the appellant, leading to inconsistencies in the refusal order.
Mrs. Anugya GuptavsMr. Ajay Kumar & Anr.
The Delhi High Court granted an interim injunction in favor of Mrs. Anugya Gupta against Mr. Ajay Kumar and others, finding that the defendants' use of domain names like 'SARKARIRESULT.INFO' was likely to cause confusion with her established trademark and website, 'SARKARIRESULT'. The court emphasized that the similarity between the marks/domains, coupled with evidence of dishonest adoption by the defendants, warranted immediate protection for the plaintiff's goodwill and reputation.
Johnson And Johnson Consumer Companies IncvsThe Controller Of Patents
Johnson And Johnson Consumer Companies appealed a decision by the Controller of Patents that refused to grant a patent for 'Leave-on Compositions Containing Cellulose Materials' due to lack of inventive step. The core dispute revolved around the prior art cited against the application, particularly documents in Japanese. The court condoned procedural delays and directed remedial steps to ensure translated copies of the foreign language prior art were made available before listing the case for final hearing.
Laurus Labs LimitedvsUnion Of India
This judgment addresses a batch of suits alleging infringement of Indian Patent 262968, which covers the drug Ibrutinib (IMBRUVICA). The writ petition filed by Laurus Labs challenged the earlier decision of the IPAB. The Delhi High Court decided applications for interim relief in these cases. While dismissing the writ petition, the court granted an interim restraint order preventing defendants from manufacturing and marketing Ibrutinib pending final disposal of the suits, allowing them only to exhaust existing stock under strict conditions.
Colgate-Palmolive CompanyvsAssistant Controller Of Patents And Designs
Colgate-Palmolive Company appealed the refusal of its national phase patent application (4411/DELNP/2007) for 'An Oral Composition'. The refusal was based on lack of inventive step and non-patentability under Section 3(d). However, due to the Appellant's failure to appear despite repeated notices, the court dismissed the appeal for non-prosecution.
Dealing with a patent challenge?
Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.
Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.