Delhi High Court - Orders
The Regents Of The University Of ... vs Controller General Of Patents, Designs ... on 26 May, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A.(COMM.IPD-PAT) 143/2022 & I.A. 8405/2022
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA
ADDRESS FOR SERVICE IN INDIA LEXORBIS..... Appellant
Through: Ms. Manisha Singh, Mr. Abhai
Pandey, Mr. Varun Sharma and Mr.
Gautam Kumar, Advocates.
(M:9650481662)
versus
CONTROLLER GENERAL OF PATENTS, DESIGNS &
TRADEMARKS & ANR. ..... Respondents
Through: Mr. Harish Vaidyanathan Shankar,
CGSC with Mr. Srish Kumar Mishra
and Mr. Sagar Mehlawat, Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 26.05.2022
1. This hearing has been done through hybrid mode. I.A.8405/2022 (for exemption)
2. This is an application filed by the Appellant, The Regents of the University of California, seeking exemption from filing original documents, copies of which may be dim and have improper margins.
3. Allowed, subject to all just exceptions.
4. Accordingly, I.A.8405/2022 is disposed of. C.A.(COMM.IPD-PAT) 143/2022
5. The present appeal has been filed by the Appellant challenging the impugned order dated 18th February, 2001 passed by the Assistant Controller of Patents and Designs, by which the Appellant's patent application bearing Signature Not Verified Digitally Signed By:DEVANSHU JOSHI No.10336/DELNP/2013 and titled "Blockade Of Inflammatory Proteases With Theta - Defensins", has been rejected.
6. Submission of ld. Counsel for the Appellant is that initially, various objections under Section 2(1)(ja), as well as non-Patentability under Section 3 of The Patents Act, 1970, were raised. The Appellant subsequently amended the claims. The amended claims as filed on 10th August, 2020, have been rejected under S. 59 r/w S.15 of the Patents Act, 1970.
7. Issue notice. Mr. Harish Vaidyanathan Shankar, ld. CGSC accepts notice.
8. Let reply and written submissions be filed within eight weeks.
9. List for hearing on 23rd September, 2022.
PRATHIBA M. SINGH, J.
MAY 26, 2022/dk/ss Signature Not Verified Digitally Signed By:DEVANSHU JOSHI