Case Note & Summary
Background: The appellant, University College London, filed a patent application for an invention titled 'A Delayed Release Drug Formulation'. This was a divisional application from a parent application for 'Colonic Drug Delivery Formulation'. The parent application was granted patent No.531129 on 30.03.2024. Facts: The divisional application was examined by the Assistant Controller of Patents and Designs and subsequently rejected under Section 15 of the Patents Act, 1970 by order dated 21.05.2024. Legal Issues: The core issue was whether the rejection was justified under Section 15. Arguments: The appellant, represented by senior counsel, contended that the invention was novel and patentable; the respondents defended the rejection. Court's Analysis: The court heard submissions, but the available excerpt does not contain the reasoning or final decision. Decision: The outcome of the appeal is not mentioned in the provided text.
Headnote
A) Patent Law - Rejection of Patent Application - Section 15, Patents Act, 1970 - Appeal under Section 117A - The Assistant Controller of Patents and Designs rejected Patent Application No.8266/CHENP/2014 for grant of patent for 'A Delayed Release Drug Formulation' under Section 15 of the Patents Act, 1970. The parent application, No.5924/CHENP/2008, had been granted patent. The appellant filed an appeal under Section 117A before the High Court. (Paras 1-2).
Issue of Consideration
Whether the order rejecting Patent Application No.8266/CHENP/2014 under Section 15 of the Patents Act, 1970 was valid
Law Points
- Section 117A
- appeal against order of Controller
- Section 15
- power to refuse application
Case Details
2025 LawText (MAD) (03) 7
Justice Senthilkumar Ramamoorthy
For Appellant: Mr.P.V.Balasubramaniam, Senior Counsel for Ms.Anshul Saurastri and Ms.Preetha Natarajan; For Respondents: Mr.K.Subbu Ranga Bharathi, Central Govt. Standing Counsel
University College London
1. The Assistant Controller of Patents and Designs, 2. The Controller General of Patents, Designs & Trademarks
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Nature of Litigation
Appeal under Section 117A of the Patents Act, 1970 against rejection of patent application
Remedy Sought
Setting aside of the rejection order dated 21.05.2024 and grant of patent for Patent Application No.8266/CHENP/2014
Filing Reason
Rejection of patent application by the Assistant Controller of Patents and Designs under Section 15
Previous Decisions
Order of the Assistant Controller of Patents and Designs dated 21.05.2024 rejecting Patent Application No.8266/CHENP/2014
Issues
Whether the rejection of the patent application under Section 15 was valid
Judgment Excerpts
This appeal is directed against the order dated 21.05.2024 rejecting Patent Application No.8266/CHENP/2014 for grant of patent for an invention titled 'A Delayed Release Drug Formulation'.
1. A delayed release drug formulation comprising a particle with a core and a coating for the core, the core comprising a drug and the coating comprising a mixture of a first material which is susceptible to attack by colonic bacteria and a second material which is a film-forming polymeric material having a pH threshold at pH 6.5 or above...
Procedural History
The appellant filed Patent Application No.8266/CHENP/2014 for grant of patent. The Assistant Controller of Patents and Designs rejected the application under Section 15 of the Patents Act, 1970 on 21.05.2024. Aggrieved by the rejection, the appellant filed the present appeal under Section 117A before the High Court. The parent patent application No.5924/CHENP/2008 was granted Patent No.531129 on 30.03.2024.
Acts & Sections
- Patents Act, 1970: 117A, 15
- Tribunal Reforms Act, 2021:
