Biotech — India Patent Cases
99 decisions indexed
Page 3 of 4 · 99 total
Epitech S.P.A. v.The Controller Of Patents
Epitech S.P.A. appealed a rejection order issued by The Controller of Patents, which had denied the grant of its PCT national phase application (No. 6850/DELNP/2014). The Controller's initial decision was based on the finding that the data provided by the Appellant related to an irrelevant compound (PEA-OXA) instead of the claimed subject matter (PEA-OXLE). However, the Delhi High Court found this reasoning insufficient and factually incorrect, noting that the data did indeed include examples pertaining to PEA-OXLE. Consequently, the appeal was allowed, setting aside the Impugned Order and directing the Controller to decide the application afresh.
Onco Therapy Science, Inc. v.Assistant Controller of Patents and Designs, Government of India
Onco Therapy Science appealed the Assistant Controller's decision to reject its application for a patent covering novel peptides used as vaccines against cancers. The appellant argued that the Controller failed to consider their written submissions and supporting materials when issuing the rejection order. The High Court allowed the appeal, remanding the matter back for fresh consideration.
Colgate-Palmolive Company v.Assistant 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.
University Of Guelph v.Controller Of Patents And Designs
The University of Guelph filed an appeal challenging the Assistant Controller's order dated July 26, 2019, which refused to grant Indian patent application no. 642/DELNP/2011. The refusal was based on lack of inventive step and statutory exclusions under the Patents Act, 1970.
Helix Biomedix Inc. v.Assistant Controller of Patents and Designs, Government of India
Helix Biomedix Inc. appealed the rejection of its patent application for 'Short Bio-Active Peptides for Cellular and Immunological Modulation'. The rejection was based on Section 3(c) because the claimed peptides were derived from Hyalophora cecropia (Cecropia moth). The High Court set aside the order, finding that the respondent failed to address the appellant's submissions regarding the chemical synthesis of the peptides.
Abbvie Biotherapeutics Inc & Abbvie Inc v.Assistant Controller Of Patents Designs
Abbvie Biotherapeutics Inc & Abbvie Inc filed a fresh appeal under Section 117A of the Patents Act, 1970, challenging the order dated July 31, 2023, passed by the Assistant Controller of Patents & Designs refusing to grant patent application no. '201817047767'. The subject matter is related to ANTI-cMet Antibody Drug Conjugates.
Icahn School Of Medicine at Mount Sinai v.Assistant Controller of Patents and Designs, Government of India
The appellant challenged the rejection of its patent application (No.3414/CHENP/2008) for a chimeric NDV vaccine targeting two viruses, specifically Newcastle disease virus and influenza virus. The court reviewed the original rejection based on obviousness and allowed the application to proceed to grant after accepting the amended claims submitted by the appellant.
M/s.Biodelivery Sciences International, Inc. v.M/s.Deputy Controller of Patents and Designs, Government of India, Patent Office
M/s.Biodelivery Sciences International, Inc. filed a Transfer Civil Miscellaneous Appeal (Patents) challenging an earlier order from the Deputy Controller of Patents and Designs. The appellant subsequently instructed their counsel to withdraw the appeal.
Arcturus Therapeutics Inc v.Assistant Controller Of Patents And Designs
Arcturus Therapeutics Inc filed an appeal challenging the Assistant Controller's order refusing to grant a patent (IN'205) for 'Ionizable Cationic Lipid for RNA Delivery'. The refusal was based on non-submission of required data and pending claims.
The Board of Trustees of the Leland Stanford Junior University v.Assistant Controller of Patents and Designs
The appellants challenged the rejection of their patent application (No. 9445/CHENP/2013) by the Controller, which cited objections regarding insufficient disclosure and lack of clarity in the claims. The High Court held that the impugned order lacked the necessary specificity to enable the applicant to address the objections effectively.
New York University v.The Assistant Controller of Patents and Designs
New York University appealed the Assistant Controller's order rejecting its patent application (No. 9210/CHENP/2011) for an invention related to targeting pathological tau proteins. The High Court found that the rejection lacked cogent reasons, particularly regarding amendments and inventive step, and consequently set aside the impugned order.
The Chinese University Of Hong Kong Knowledge Transfer Office v.The Assistant Controller of Patents & Designs, The Patent Office
The Chinese University of Hong Kong appealed the rejection of its patent application (IN 4812/CHENP/2012), which was rejected on the grounds that the claimed invention—a process for fetal genomic analysis from maternal samples—was an unpatentable diagnostic method under Section 3(i) of the Patents Act, 1970. The High Court allowed the appeal, holding that determining foetal fraction is related to diagnosis but is not 'diagnostic' in the statutory sense, allowing the patent application to proceed to grant.
The Chinese University of Hong Kong v.The Assistant Controller of Patents & Designs, The Patent Office
The Chinese University of Hong Kong appealed the rejection of its patent application (IN 4863), which was refused by the Assistant Controller. The core dispute centered on whether the claimed in vitro method, used to measure sequence imbalance in biological samples from pregnant women, qualified as a non-patentable diagnostic method under Section 3(i) of the Patents Act.
Cryomass Llc v.Assistant Controller Of Patents And Designs
Cryomass LLC filed an appeal challenging the rejection of its patent application, '201917048279,' titled "Cryogenic Separation of Plant Material." The initial rejection by the Assistant Controller was based on a lack of inventive steps and falling under Section 3(f) of the Patents Act. Cryomass argued that their non-aqueous cryogenic system offered novel advantages not disclosed in prior art. The Delhi High Court, while setting aside procedural objections regarding delay subject to costs, directed further pleadings before listing the case for final hearing.
Cryomass Llc v.Assistant Controller Of Patents And Designs
Cryomass LLC filed an appeal challenging the Assistant Controller's order dated May 31, 2021, which refused Patent Application No. 201917048279 titled "Cryogenic Separation of Plant Material". The refusal was based on non-fulfillment of requirements under Section 2(1)(ja) and claims falling within Section 3(f) of the Patents Act, 1970.
Commonwealth Scientific and Industrial Research Organization v.The Assistant Controller of Patents and Designs, The Patent Office
The appellant challenged an order rejecting its patent application (No. 2072/CHENP/2011) because the current set of amended claims were deemed beyond the scope of Section 59 of the Patents Act, 1970. The court examined whether the amendments expanded or narrowed the original claim scope and found that the specificity incorporated in the amended claims curtailed rather than expanded the original scope.
Novozymes v.Assistant Controller of Patents & Designs, Patent Office Chennai
Novozymes appealed the refusal by the Assistant Controller of Patents & Designs to grant a patent for its phytase variants. The rejection was based on Sections 3(d) and 3(e) of the Patents Act, 1970. The High Court set aside the rejection concerning claims 1-7, allowing the application to proceed towards grant.
Uab Research Foundation And Anr v.Controller General Of Patents And Designs
The Uab Research Foundation appealed against an order issued by the Assistant Controller of Patents and Designs. The impugned order refused to grant a patent application titled 'Purine Nucleoside Phosphorylase as Enzymatic Activator of Nucleoside Prodrugs' because the claims were deemed to fall within the scope of Section 3(i) of the Act.
Helion Biotech ApS v.Assistant Controller of Patents and Designs, Government of India
Helion Biotech ApS appealed a rejection order by the Assistant Controller of Patents and Designs, which denied grant of a patent for antibodies to MASP-2. The appeal was filed seeking consideration of further amended claims. The High Court set aside the impugned order and remanded the matter back for examination of the amended claims.
Novozymes A/S v.The Assistant Controller of Patents and Designs, Patent Office
Novozymes A/S filed a Transfer Civil Miscellaneous Appeal (Patents) seeking to grant a patent for Indian Patent Application No.1691/CHENP/2010. However, the learned counsel for the appellant subsequently instructed the court to withdraw the appeal.
Akebia Therapeutics Inc. v.Controller General Of Patents, Design, Trademark And Geographical Indications
Akebia Therapeutics Inc. challenged the procedures followed by the Controller General regarding a post-grant opposition filed against its granted patent (IN 287720) for HIF-1α prolyl hydroxylase inhibitor compounds. The Delhi High Court found that the Opposition Board's recommendations were unsustainable due to procedural irregularities in how evidence was presented and processed. Consequently, the court quashed the previous findings, allowed Akebia to lead additional evidence, and remanded the matter back to the Opposition Board for a fresh decision de novo.
Agensys Inc v.Assistant Controller Of Patents Asnd Designs
Agensys Inc appealed an order from the Assistant Controller of Patents and Designs which rejected its application under Section 3(d) of the Patents Act, 1970. The appellant argued that their monoclonal antibody invention demonstrated a technical effect (improved affinity/cross-reactivity) not considered by the Controller, thus warranting the setting aside of the impugned order.
Immunovative Therapies Ltd. v.The Controller Of Patents
Immunovative Therapies Ltd. appealed a rejection order dated December 4, 2018, concerning its patent application for 'TH1 VACCINATION PRIMING FOR ACTIVE IMMUNOTHERAPY'. The appellant argued that the rejection based on Section 3(d) and (i) was incorrect, as the invention relates to therapeutic vaccine methods using allogeneic CD3/CD28 cross-linked Thl memory cells.
Alternative Gene Expression S L v.The Controller Of Patents
The appellant challenged the Patent Office's order rejecting its patent application, which held that the method of producing recombinant proteins by destruction of pupa was non-patentable under Section 3(b). The High Court found the rejection order to be cryptic and lacking reasoned justification despite detailed submissions from the appellant.
Green Cross Holdings Corporation v.The Controller of Patents and Designs, Government of India
Green Cross Holdings Corporation appealed the order dated 02.02.2023 by the Controller of Patents and Designs which rejected its patent application for a method of preparing Plasma-derived Hepatitis B Human Immunoglobulin Agent. The appellant argued that all objections were addressed, but the rejection was arbitrary. The High Court found that the respondent failed to discuss the prior arts or provide justifiable reasons for rejecting the inventive step.
LOS ANGELES BIOMEDICAL RESEARCH INSTITUTE v.THE ASSISTANT CONTROLLER OF PATENTS AND DESIGNS
The case was transferred from the Intellectual Property Appellate Board (IPAB) to the Calcutta High Court following the enactment of the Tribunals Reform Act, 2021. The court directed its Commercial Appellate Division to issue notices and file a report before listing the matter for March 2023.
Osaka University v.Assistant Controller Of Patents And Designs
Osaka University appealed the Patent Office's order rejecting its patent application (No. 3495/DELNP/2012) for 'Bridged Artificial Nucleoside and Nucleotide'. The rejection was based on lack of novelty, inventive step, and Section 3(d) of the Patents Act, 1970.
Bayer Pharma Aktiengesellschaft v.The Controller Of Patents
Bayer Pharma Aktiengesellschaft appealed an order by The Controller of Patents which rejected its patent application (No. 9149/DELNP/2014). The rejection was based on the grounds that the antibodies claimed were naturally occurring and thus non-patentable under Section 3(c) of the Act. The court allowed various interlocutory applications, including condonation of delay, and issued notice for further arguments.
The Regents of the University of California v.Controller General of Patents, Designs & Trademarks & Anr.
The Regents of the University of California filed an appeal challenging the rejection of their patent application, No.10336/DELNP/2013, titled "Blockade Of Inflammatory Proteases With Theta - Defensins." The initial rejections were based on objections under Section 2(1)(ja) and non-patentability under Section 3 of the Patents Act, 1970. After subsequent amendments, the application was rejected again under S. 59 r/w S.15. This order sets out procedural directions for the parties to file replies and written submissions before the next hearing.
Monsanto Holdings Private Limited v.Competition Commission Of India
This appeal challenges a single judge's decision that appellants (Monsanto) were governed by both the Competition Act, 2002, and the Patents Act, 1970. The core dispute revolves around whether competition law proceedings are applicable when patented seeds are involved. The court allowed several applications and issued an interim restraint on the CCI from finalizing its report pending further hearing.
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