Executive Summary
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.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in patent matters before Delhi High Court. Understanding the court's reasoning in Otsuka Pharmaceutical Co Ltd vs The Controller Of Patents is valuable context for structuring arguments or assessing risk in similar proceedings.
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