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Delhi High Court - Orders

Bayer Pharma Aktiengesellschaft vs The Controller Of Patents on 7 October, 2022

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~2
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +              C.A. (COMM.IPD-PAT) 165/2022
                                BAYER PHARMA AKTIENGESELLSCHAFT              ..... Appellant
                                               Through: Mr. Debashish Banerjee and Mr.
                                                        Ankush       Verma,         Advocates.
                                                        (M:9810948290)
                                               versus
                                THE CONTROLLER OF PATENTS             ..... Respondent
                                               Through: Mr. Harish Vaidyanathan Shankar,
                                                        CGSC with Mr. Srish Kumar Mishra,
                                                        Mr. Sagar Mehlawat and Mr.
                                                        Alexander     Mathai         Paikaday,
                                                        Advocates. (M:9810788606)
                                CORAM:
                                JUSTICE PRATHIBA M. SINGH
                                         ORDER

% 07.10.2022

1. This hearing has been done through hybrid mode.

2. The present appeal has been filed by the Appellant- Bayer Pharma Aktiengesellschaft, challenging the impugned order dated 29th October, 2021 passed by the Respondent - The Controller of Patents, whereby the Appellant's Indian Patent Application No. 9149/DELNP/2014 has been rejected on the ground of non-patentability under Section 3(c) of the Patents Act, 1970, as also, lack of clarity and definitiveness.

3. Written submissions on behalf of the Respondent have not yet been filed. Further time is granted to the Respondent to file the written submissions, within four weeks.

4. List for hearing on 12th January, 2023.

PRATHIBA M. SINGH, J.

OCTOBER 7, 2022/dk/ad Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:10.10.2022 17:10:15