Array Biopharma Inc v. Deputy Controller Of Patents And Designs

This case involved an appeal against the refusal to grant a patent for a pharmaceutical combination designed to treat proliferative diseases. The Controller had rejected the patent application, citing a lack of inventive step and non-patentability under Sections 3(d) and 3(i) of the Patents Act, 1970. The High Court reviewed the arguments regarding the uniqueness and efficacy of the combination compared to prior art, and whether it constituted an unpatentable method of treatment. The court ultimately found the Controller's reasoning insufficient on multiple grounds, particularly concerning the analysis of inventive step and the identification of known compounds. It determined that the claims were for a product, not a method of treatment, and that the Controller did not adequately analyze the technical advancement. Result: Patent application for pharmaceutical combination remanded to the Controller for de novo reconsideration of objections.