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[2010 SCC Online Del 523: (2010) 167 DLT 459: (2010) 42 PTC 425]
Coram: Single Bench comprising Hon’ble Mr. Justice Dr. S. Muralidhar.
Forum: Hon’ble High Court of Delhi
Case No.: W.P.(C)No.332 of 2010 with W.P.(C) Nos. 13295, 12006,8393,8392 and 8388 0f 2009.
Date of Decision: February 8, 2010.
Note: These six petitions raise a significant legal issue regarding the eligibility of a writ petition under Article 226 of the Constitution to challenge an order by the Controller of Patents, which either allows or rejects a pre-grant opposition filed under Section 25(1) of the Patents Act, 1970.
Conclusion
Facts:
- UCB Farchim SA (Petitioner), filed a patent application on January 9, 2007, in the patents office. Respondent No.1, Cipla Limited, filed a pre-grant opposition on December 4, 2008.
- On July 24, 2009, the Assistant Controller issued an order allowing the pre-grant opposition and refusing the grant of the patent.
- The Petitioner challenged this order in the present petition under Article 226 of the Constitution. (Paragraph 35)
Main issues:
What were the remedies available in the following situations?
a) Where the pre-grant opposition is rejected and the patent is granted
b) Where the pre-grant opposition is by a third-party
c) Pre-grant opposition is accepted and the grant of the patent is refused
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