Fertin Pharma A/S vs Assistant Controller Of Patents And ...
Judges (1)
Counsel (5)
Case Significance
Fertin Pharma A/S vs Assistant Controller Of Patents And ... is a Delhi High Court decision dated February 18, 2026 (citation: ik-121188232). The Danish pharmaceutical company Fertin Pharma appealed the rejection of its Indian patent application (No. 202017042442) for a chewing gum tablet formulation under Section 15 of the Patents Act, 1970. The Court found that the impugned order lacked adequate reasoning, merely referencing prior art documents without explaining why the claims were rejected, which deprived the appellant of a basis to formulate grounds for appeal. The appeal was allowed, the order set aside, and the patent applic The case was heard by Justice Tushar Rao Gedela. Counsel appearing: Arnav Kumar (counsel for respondent), Daksh Oberoi (counsel for appellant), Kshitij Saxena (counsel for appellant), Manya Gupta (counsel for respondent), Saransh Vijay Vargiye (counsel for appellant).
Summary
The Danish pharmaceutical company Fertin Pharma appealed the rejection of its Indian patent application (No. 202017042442) for a chewing gum tablet formulation under Section 15 of the Patents Act, 1970. The Court found that the impugned order lacked adequate reasoning, merely referencing prior art documents without explaining why the claims were rejected, which deprived the appellant of a basis to formulate grounds for appeal. The appeal was allowed, the order set aside, and the patent application was remanded for de novo consideration by a different Assistant Controller within four months.
What was the outcome of Fertin Pharma A/S vs Assistant Controller Of Patents And ...?
The Danish pharmaceutical company Fertin Pharma appealed the rejection of its Indian patent application (No. 202017042442) for a chewing gum tablet formulation under Section 15 of the Patents Act, 197...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-121188232)