In a significant ruling on patent prosecution procedure, the Delhi High Court in Fresenius Kabi Ipsum S.R.L. v. The Assistant Controller of Patents and Designs & Anr.[1], [i]has once again reaffirmed that a hearing granted to an applicant during pre-grant opposition proceedings under Section 25(1) of the Patents Act, 1970 cannot substitute the applicant’s independent […]
Introduction In KEMIN INDUSTRIES, INC. v. Controller of Patents [1]1, the Madras High Court overturned the rejection of a patent application concerning a method of improving animal feed by supplementing bacterial ferulic acid esterase (FAE) with four specific enzymes. The Patent Office had denied the application under Sections 2(1)(j), 3(d), and 3(i) of the Patents […]


