Biotech — India Patent Cases
99 decisions indexed
Page 2 of 4 · 99 total
Jupeng Bio (Hk) Limited v.The Controller of Patents and Designs, Government of India
Jupeng Bio appealed an order rejecting its patent application for 'Control of Conductivity in Anaerobic Fermentation'. The appellant challenged the rejection, arguing that the prior art cited did not explicitly disclose all claimed elements (conductivity and SCU relationship), and that the reasons for rejection under Section 3(d) were unreasoned. The High Court found deficiencies in the respondent's reasoning regarding both novelty and Section 3(d) non-patentability.
The Research Foundation for the State University of New York v.The Controller of Patents, The Patent Office
The appellant challenged the Controller's order rejecting its patent application, citing issues with both claim amendments and failure to meet the time limit for filing the National Phase Application. The court found that the respondent failed to properly consider the provisions allowing condonation of delay (Rule 138) and erroneously rejected the application based on non-application of mind.
Regeneron Pharmaceuticals, Inc v.Controller of Patents and Designs, Government of India
Regeneron Pharmaceuticals appealed a rejection order by the Controller of Patents and Designs. The rejection was based on two grounds: that the amendment sought changed the scope of invention (violating Section 59), and that the subject matter lacked substantial benefit to mankind (Section 3(b)).
Master Arnesh Shaw v.Union of India & Anr.
The matter concerns the cumbersome and long-drawn process for procuring specialized medicines for DMD patients on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to present a general, bulk procurement process and disclose all its relevant patents and patent applications in India.
Master Arnesh Shaw v.Union Of India & Anr.
The petition addressed the extremely cumbersome and long-drawn process for procuring rare disease medicines on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to place on record a general bulk procurement process and provide details of all its granted patents and patent applications filed in India concerning DMD patients.
Master Arnesh Shaw v.Union Of India And Ors.
The petition concerns the cumbersome and long-drawn process for procuring specialized medicines for DMD patients on a patient-by-patient basis. The court directed M/s. Sarepta Therapeutics to place on record its general bulk procurement process and provide details of all granted patents and patent applications in India related to these medicines.
KYMAB LIMITED v.The Assistant Controller of Patents & Designs, The Patent Office
The appeal challenged the rejection of Patent Application No. 10716/CHENP/2012, which covered a process for generating antibodies in non-human mammals. The rejection was based on patent ineligibility under Section 3(i) because it was deemed a method of treatment of animals. The High Court held that the claimed invention was not aimed at treating the mice to render them disease-free or increase their economic value, and since antibodies are not intrinsic products like meat or milk, the rejection was unsustainable.
Sunita Jaykumar Patel & Anr. v.International Institute Of Pelvic Floor Research Rahab and Education & Ors.
This Gujarat High Court judgment addresses an appeal challenging a restrictive interim injunction granted in a trademark and copyright dispute. The parties reached a Memorandum of Understanding (MoU) to resolve key aspects of the conflict, specifically regarding the use of the 'V Care' mark and the scope of copyright protection for educational materials. Consequently, the court substituted the original injunction order with the terms agreed upon in the MoU, effectively settling the immediate dispute at the injunction stage.
Memorial Sloan Kettering Cancer Center v.Assistant Controller of Patents and Designs, Government of India
Memorial Sloan Kettering Cancer Center appealed the rejection of its patent application (No.201747015867) by the Assistant Controller of Patents and Designs, arguing that the invention was not merely a method of treatment but rather an in vitro method for selecting specific allogenic T-cell lines. The respondent had rejected the claim under Section 3(i) of the Patents Act, 1970, on this ground. The Madras High Court found that the respondent erroneously failed to appreciate the actual scope of the claim, which focused on the selection process rather than treatment itself.
Memorial Sloan Kettering Cancer Center v.Assistant Controller of Patents and Designs, Government of India
Memorial Sloan Kettering Cancer Center appealed the rejection of its patent application (No.201747015867) by the Assistant Controller of Patents and Designs, which had rejected it on the grounds that the invention was a method of treatment, making it unpatentable under Section 3(i) of the Patents Act, 1970. The appellant argued that the claim described an in vitro method of selecting T-cell lines, not a direct method of treating a patient. The Madras High Court agreed with this distinction, finding that the rejection was based on an erroneous application of law to the facts. Consequently, the court allowed the appeal and remanded the matter for fresh consideration by a different Patent Controller.
Bia Separations D.O.O. v.Assistant Controller of Patents and Designs, Government of India
Bia Separations D.O.O. appealed the rejection of its Patent Application No.185/CHENP/2009 for 'METHOD FOR INFLUENZA VIRUS PURIFICATION'. The appeal challenged the Controller's finding that the invention lacked inventive step under Section 2(1)(ja) of the Patents Act, 1970.
Sapporo Medical University v.Assistant Controller of Patents and Designs, Government of India
Sapporo Medical University appealed the rejection of its Patent Application No.1899/CHENP/2010 by the Assistant Controller of Patents and Designs. The appellant argued that the rejection order was cryptic and failed to properly consider the prior art or the detailed explanations provided regarding inventive step. The High Court found the respondent's conclusion unsupported by material and allowed the appeal, remitting the matter for fresh consideration.
Ajinomoto Co., INC v.The Assistant Controller of Patents and Designs, Government of India
Ajinomoto Co. appealed the Controller's decision to reject its patent application (No. 4039/CHENP/2014). The core issue was whether the Authority complied with Section 13(3) of the Patents Act, 1970, which requires examination of amended specifications in a manner similar to the original specification. The High Court found that this procedure had not been followed.
Alimentary Health Limited v.Controller Of Patents And Designs
Alimentary Health Limited appealed the refusal of its Indian Patent Application (No. 3989/DELNP/2012), which covered a formulation using the probiotic strain Bifidobacterium longum NCIMB 41676 (AH1714). The Controller had rejected the application, citing lack of inventive step and non-patentability under various sections of the Patent Act. The Delhi High Court set aside this refusal order and remanded the matter for fresh consideration. The court provided detailed directions to the Controller, requiring a thorough reassessment focusing on novelty, specific dosage/methodology, and whether the claims relate to second medical use.
Dupont Industrial Biosciences Usa Llc v.The Deputy Controller Of Patents And Designs
The appeal challenges the order passed by the Deputy Controller of Patents and Designs which rejected the grant of a divisional patent application (No. 202118031579). The Appellant argues that the divisional application clearly demonstrates distinct claims, contrary to the Deputy Controller's finding.
President And Fellows Of Harvard College v.Controller General Of Patents Designs and Trademarks
The dispute involves President and Fellows of Harvard College challenging the rejection of their patent application for 'non-native' pancreatic beta cells used in diabetes treatment. The Controller General objected primarily on grounds related to Section 3(j) of the Patents Act, 1970, arguing that any cell product originates from an animal source. The court directed both parties to file a brief note clarifying the patentability of these 'non-native' cells and reviewing relevant precedents before proceeding with other objections.
Toyota Jidosha Kabushiki Kaisha v.The Assistant Controller of Patents and Designs
Toyota Jidosha Kabushiki Kaisha appealed the Patent Office's decision to reject its patent application concerning a gene sequence designed to increase plant biomass. The appellant argued that the rejections were based on misconceptions regarding claim scope, subject matter eligibility (3j), and inventive step. The High Court allowed the appeal, setting aside the rejection order and remanding the matter for fresh examination.
Novozymes A/S v.Assistant Controller of Patents and Designs, The Patent Office
Novozymes A/S appealed against the rejection of its Patent Application No.650/CHENP/2009, which covered 'Enzyme Granules for Animal Feed'. The initial objections raised by the Assistant Controller included lack of inventive step and non-patent eligibility under Section 3(d).
Genomatica Inc. v.Controller of Patents and Designs, Government of India
Genomatica Inc. appealed the rejection of its patent application for 'Non-Natural Microbial Organisms with improved Energetic Efficiency'. The appeal challenged the Patent Controller's decision, arguing that the Controller failed to properly address objections related to amendments and fell back on earlier claims without due process.
Genomatica Inc. v.Controller of Patents and Designs, Government of India
Genomatica Inc. appealed the rejection of its patent application for 'Non-Natural Microbial Organisms with improved Energetic Efficiency'. The rejection was based on various objections including lack of novelty and insufficiency of disclosure. The High Court found that the Controller erred by falling back on earlier claims after the applicant had made amendments, without issuing a proper hearing notice regarding the new objection (Sec. 59).
Baxalta Incorporated v.The Controller Of Patents
Baxalta Incorporated appealed a decision by the Assistant Controller of Patents which refused their application for "FACTOR VIII POLYMER CONJUGATES" due to lack of novelty and inventive steps in product claims. The appellant sought leave to submit an auxiliary claim set restricting the scope to method claims. The High Court allowed this submission, setting aside the impugned order and remanding the matter for fresh consideration.
F- Hoffmann -La Roche Ag v.Zydus Lifesciences Limited
The Plaintiffs (F- Hoffmann -La Roche Ag) filed an application seeking the constitution of a Confidentiality Club. The Defendant (Zydus Lifesciences Limited) argued that access should be contingent upon preliminary findings regarding the identity of the biosimilar to the innovator drug. The Court directed both parties to submit their proposed members for the confidentiality club.
Imclone LLC v.Assistant Controller of Patents and Designs, Government of India
Imclone LLC appealed the rejection of its patent application for an anti-PDGFR alpha antibody, which was rejected under Section 3(c) as being a discovery of a naturally existing molecule. The appellant argued that the antibody was generated through complex hybridoma and recombinant technology involving transgenic mice, making it non-naturally occurring. The High Court set aside the rejection order, finding that the claimed invention was not excluded from patent protection.
Monsnto Technology Llc v.The Assistant Controller of Patents and Designs, Patent Office, Chennai
Monsnto Technology Llc appealed the Patent Controller's order rejecting its patent application for 'Chloroplast Transit Peptides'. The appellant argued that the rejection was based on incomplete consideration of claims and citation of subsequent prior art. The Madras High Court allowed the appeal, set aside the impugned order, and remanded the matter for fresh consideration.
Immunas Pharma, Inc. v.Assistant Controller of Patents and Designs, Government of India
Immunas Pharma appealed the rejection of its Indian Patent Application (No.5542/CHENP/2010), which was rejected primarily on grounds that the claimed 6E4 antibody was an inherent feature and not patent-eligible under Section 3(c) as it was discovered in nature. The High Court set aside the rejection, holding that the specific method of production made the antibody patentable.
Imclone LLC v.Assistant Controller of Patents and Designs, Government of India
Imclone LLC appealed the rejection of its patent application for an antibody targeting PDGFR alpha, which was rejected under Section 3(c) as being a naturally existing substance. The appellant argued that the antibody was generated through complex hybridoma and transgenic mouse technology, making it recombinant and non-naturally occurring. The High Court set aside the rejection order, finding that the claimed invention was not excluded from patent protection.
Immunas Pharma, Inc. v.Assistant Controller of Patents and Designs, Government of India
Immunas Pharma appealed the rejection of its patent application for an antibody capable of binding to A-beta oligomers. The rejection was based on the grounds that the antibody was a natural nonliving substance and thus not patentable under Section 3(c) of the Patents Act, 1970. The High Court set aside the rejection order.
Genmab A/S v.Assistant Controller of Patents and Designs, Government of India
Genmab A/S appealed the rejection of its patent application (No. 4718/CHENP/2007) for a monoclonal antibody targeting human CD38. The respondent argued that the antibody was merely a discovery of a naturally existing molecule, thus ineligible under Section 3(c). The High Court set aside the rejection, finding that the antibody was produced through substantial human intervention and possessed inventive step.
The Regents Of The University Of California v.Controller General Of Patents, Designs & Trademarks & Anr.
The Regents of the University of California appealed a rejection order issued by the Controller General of Patents regarding their patent application for 'Blockade of Inflammatory Proteases with Theta Defensins'. The rejection primarily hinged on objections related to novelty and inventive step, compounded by concerns over the permissibility of claim amendments under Section 59(1) of the Patents Act. The Delhi High Court ultimately ruled in favor of the appellant, holding that the amendments served only as explanations or incorporated facts already disclosed, thereby allowing the application to be remanded for fresh examination.
Arthrogen Gmbh v.Controller General Of Patents, Designs And Trademarks and Anr
Arthrogen Gmbh appealed the rejection of its Indian patent application for a method involving gold particle enrichment of blood serum. The Patent Office had rejected the claim under Section 3(i) and 3(j) of the Patents Act, arguing it constituted a 'method of treatment.' Arthrogen successfully argued that the claims were directed towards a novel 'method of producing' a substance, not a direct method of treating humans. Consequently, the Delhi High Court set aside the rejection order and remanded the matter for fresh consideration.
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