PatentAllowed 9 January 2024
Novartis AG v. Natco Pharma Limited & Anr.
2024:DHC: 84-DB
- Court
- Delhi High Court
- Bench
- Justice Yashwant Varma, Justice Dharmesh Sharma
- Outcome
- Allowed
- Date of judgment
- 9/1/2024
Statutory provisions
Patents Act 1970, Section 15 — Power of Controller to refuse or require amended applications, etc., in certain casesPatents Act 1970, Section 25(1) — Pre-grant opposition
Key issue
Whether a pre-grant opponent has a right to be heard during amendments to a patent application that are directed by the Controller, or if the examination and opposition processes are separate.
Summary
This case involved an appeal concerning the rights of pre-grant opponents during patent application amendments directed by the Controller. The Single Judge had ruled that opponents have a right to be heard during any amendments, whether voluntary or directed. The High Court, however, overturned this decision, clarifying that the examination process and the opposition process are distinct. It held that pre-grant opposition aims to assist the Controller in examination, not to grant opponents a right to intervene in the Controller's independent examination process. The Court emphasized the need for expeditious patent grants and noted that interested parties have alternative remedies like post-grant opposition.
Result: Appeal allowed; the Single Judge's order, which had granted pre-grant opponents a right to be heard on Controller-directed amendments, was set aside.
Tags
#patent law#pre-grant opposition#examination process#amendment of patent application#natural justice#Controller of Patents
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