Madras High Court via recent judgement dated March 28, 2024, in Genentech vs Controller Of Patents And Designs [(T)CMA(PT) No.57 of 2023 (OA/50/2020/PT/CHN)] addressed Genentech, Inc.’s appeal concerning the rejection of its patent application (No. 5832/CHENP/2014) for “Inhibitors of IAP”—organic compounds intended for cancer therapy.
Continue reading “Madras High Court on Patent Inventiveness, Hindsight and Comparative Data in Genentech Case”
In the matter of Arthrogen GMBH (‘Appellant’) v Controller General of Patents, Designs and Trademarks and Anr (‘Respondents’) [C.A.(COMM.IPD-PAT) 415/2022], the Delhi High Court, vide its order dated 05.02.2024, set aside the Respondents impugned order dated 28th November 2019 and remanded the matter to the Respondents for de novo consideration while restoring the patent application for the subject patent to its original number.
Continue reading “Delhi High Court differentiates between a method of treatment and a method of producing a substance used for treatment”The provisions of Section 3(d) of the Indian Patents Act excluding the grant of patents on inventions relating to the “mere discovery of a new form of a known substance which does not result in the enhancement of the known efficacy of that substance” have generated certain myths about processing of such patent applications in India. Continue reading “Protection of Inventions Relating to Pharmaceutical and Like Products”
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