This is a judgment from the High Court of Delhi in the case of Elanco Tiergesundheit AG versus The Assistant Controller of Patents and Designs, dated July 30, 2024. The case involves an appeal by Elanco Tiergesundheit AG against the rejection of their patent application for a method of preparing live vaccines by the Assistant Controller of Patents and Designs. The patent application, originally filed by Lohmann Animal Health Gmbh and later assigned to Elanco, was rejected on grounds of lack of novelty, inventive step, and sufficiency of disclosure under the Patents Act, 1970.
The appellant argued that the impugned order was passed mechanically, without proper consideration of their submissions. They pointed out that the Assistant Controller's order was a verbatim copy of the hearing notice, indicating a lack of independent reasoning. The respondent defended the rejection, citing the same grounds mentioned in the order.
Justice Mini Pushkarna, after reviewing the documents, found that the impugned order was indeed passed without independent reasoning, merely reproducing the contents of the hearing notice. The court noted that the respondent had not applied their mind to the appellant's submissions and had not provided a reasoned order. The court also emphasized the importance of recording reasons in decision-making as a basic tenet of natural justice, citing Supreme Court judgments.
The court set aside the impugned order and restored the patent application to its original position. The matter was remanded back to the respondent for fresh consideration, with instructions to provide a reasoned order within four months. The court directed that the matter be heard by an officer other than the one who passed the impugned order.
Case Citation: Elanco Tieresundheit AG Vs Assitant Controller of Patent: 30.07.2024: C.A.(COMM.IPD-PAT) 479/2022: Delhi High Court: Mini Pushkarna: H.J.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
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