Universitat Ulm v. Assistant Controller of Patents and Designs, Government of India

127190842

Universitat Ulm appealed the rejection of its patent application (No. 645/CHENP/2011) concerning Opioids for Resistant Cancer Treatment. The High Court found the original order cryptic, noting that it failed to discuss prior arts or address specific submissions made by the appellant regarding synergistic effects and foreign patents. Consequently, the appeal was allowed, and the matter was remanded for fresh scrutiny.

Jurisdiction
India
Court
Madras High Court
Case Number
127190842
Decision Date
3 July 2024

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 Madras High Court. Understanding the court's reasoning in Universitat Ulm vs Assistant Controller of Patents and Designs, Government of India is valuable context for structuring arguments or assessing risk in similar proceedings.

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