Introduction In a recent judgment in Sakata Seed Corporation v. Deputy Controller of Patents and Designs [1], the Madras High Court set aside a patent refusal order issued by the Controller of Patents for patent application No. 1221/CHENP/2015. The refusal was based on non-compliance with Section 3(j) of the Indian Patents Act, 1970 (“the Act”). […]
Introduction Polymorphs are compounds that can exist in two or more crystalline structures with the same chemical composition but different molecular arrangements. These variations result in differing physical properties such as solubility, and dissolution rates, making polymorphs especially important in industries like pharmaceuticals, agrochemicals, and pigments. For pharmaceutical companies, securing patents for polymorphs in addition […]
Introduction On July 9, 2024, in F-Hoffmann-La Roche Ag & Anr v. Zydus Lifesciences Limited [1], the Delhi High Court issued a temporary injunction preventing Zydus Lifesciences from selling its breast cancer drug, Sigrima. This biosimilar of Roche’s Pertuzumab (marketed as Perjeta®) became the center of a patent infringement lawsuit initiated by Roche against Zydus […]
Introduction In a recent judgment dated March 19, 2024, in Genomatica Inc vs Controller of Patents and Designs, the Madras High Court overturned a patent refusal order issued by the Controller in respect of patent application No. 201747013084, in which the Controller had rejected the latest amendments to the pending claims, instead opting to examine […]
Introduction In a recent judgment dated February 23, 2024, in Mitsui Chemicals Inc. vs Controller of Patents [1], the Delhi High Court set aside a patent refusal order issued by the Controller in respect of patent application No. 3877/DELNP/2009, which had been denied on the grounds of non-compliance with Sections 59 and Section 3(h) of the […]
On August 25, 2023, the Indian Patent Office published the Draft Patents (Amendments) Rules, 2023, asking for feedback from various stakeholders. The Draft Rules propose several changes raising concerns about their potential impact on the Pharmaceutical Sector and public health standards. In this blog, we will closely examine these proposed amendments, focusing on key areas […]