Hirotsu Bio Science Inc v. Assistant Controller Of Patents And Designs

164201917

Hirotsu Bio Science Inc appealed the rejection of its patent application for a cancer detection method using nematode olfaction. The Appellant argued that the invention was merely a detection method (in vitro) and not a diagnosis, despite descriptive language in the specification. However, the High Court upheld the original order, finding that the claimed method functioned as a diagnostic method under Section 3(i) of the Act.

Jurisdiction
India
Court
Delhi High Court
Case Number
164201917
Decision Date
17 January 2026

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 Delhi High Court. Understanding the court's reasoning in Hirotsu Bio Science Inc vs Assistant Controller Of Patents And Designs is valuable context for structuring arguments or assessing risk in similar proceedings.

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