The Delhi High Court dismissed Zeria Pharmaceutical Co. Ltd.’s (the ‘Appellant’) appeal against the Controller of Patents' (the ‘Respondent’) refusal order of a divisional patent application (3630/DLNP/2011). The ruling focused on a novel intermediate compound rejected for lack of inventive step and for failing to demonstrate enhanced therapeutic efficacy. Case Background Zeria filed a divisional […]
Tag: therapeutic efficacy
India- What constitutes ‘therapeutic efficacy’ when determining patentability of ‘new forms of known substances’
The Delhi High Court recently rendered a significant decision clarifying the concept of enhanced therapeutic efficacy, when determining the patentability of new forms of known substances. The case involved an appeal by the patent applicant challenging the rejection of their patent application under Section 3(d) of the Patents Act, 1970 (as amended) (the ‘Act’). Section […]