Delhi High Court - Orders
Bayer Pharma Aktiengesellschaft vs The Controller Of Patents on 30 May, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.A. (COMM.IPD-PAT) 165/2022
BAYER PHARMA AKTIENGESELLSCHAFT ..... Appellant
Through: Mr. Debashish Banerjee, Mr. Rohit
Rangi and Mr. Ankush Verma,
Advocates. (M:9810948290)
versus
THE CONTROLLER OF PATENTS ..... Respondent
Through: Mr. Harish Vaidyanathan Shankar,
CGSC with Ms. S. Bushra Kazim,
Mr. Srish Kumar Mishra and Mr.
Sagar Mehlawat, Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 30.05.2022
1. This hearing has been done through hybrid mode. I.A.8734/2022 (for delay)
2. The present application has been filed by the Appellant seeking condonation of delay of 166 days in filing the present appeal.
3. In view of the reasons stated in the application, and the order dated 23rd September, 2021 passed by the Supreme Court in Suo Moto Writ Petition (C) No. 3 of 2020 titled In Re: Cognizance for Extension of Limitation, the said delay is condoned.
4. Accordingly, I.A.8734/2022 is disposed of. I.A.8735/2022 (for exemption)
5. This is an application for exemption from filing originals, certified copies, apostilled copies, typed copies of dim documents and documents C.A. (COMM.IPD-PAT) 165/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI with improper double space/margins and translated copies of annexures.
6. Allowed, subject to all just exceptions.
7. Accordingly, I.A.8735/2022 is disposed of.
I.A.8736/20228. The Appellant has also filed an affidavit of Dr. Andreas August Wilmen in support of the application deposing that the said antibodies are not naturally occurring but are a result of substantive human intervention. It is claimed that the DYAX Fab antibody library, FAB-310 from which the said antibodies have been derived, is a fully synthetic antibody library.
9. Since this affidavit is merely to buttress the arguments of the Appellant in the main appeal itself, the said affidavit is taken on record, subject to the response/objections to be filed by the Respondent.
10. The Court would consider at the final stage as to whether the said affidavit is to be read or not.
11. The Appellant also wishes to place on record the auxiliary claims in the event the main claims are not considered by the Court. The same shall also be considered at the final stage.
12. Accordingly, I.A.8736/2022 is disposed of. C.A. (COMM.IPD-PAT) 165/2022
13. In the present appeal, the Appellant - Bayer Pharma Aktiengesellschaft has challenged the impugned order dated 29th October, 2021 passed by the Respondent - The Controller of Patents.
14. As per the said order, the Appellant's patent application no. 9149/DELNP/2014 titled "ANTIBODIES CAPABLE OF BINDING TO THE COAGULATION FACTOR XI AND/OR ITS ACTIVATED FORM FACTOR XIA AND USES THEREOF" was rejected on the ground that the C.A. (COMM.IPD-PAT) 165/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI antibodies are naturally occurring antibodies, hence they are non-patentable under Section 3(c) of the Act.
15. Issue notice. Mr. Harish Vaidyanathan Shankar, ld. CGSC accepts notice.
16. Let a reply/written submissions be filed within six weeks.
17. List for hearing on 7th October, 2022.
PRATHIBA M. SINGH, J.
MAY 30, 2022/dk/ss C.A. (COMM.IPD-PAT) 165/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI