Boehringer Ingelheim Vetmedica Gmbh vs The Controller Of Patents

ik-82794064 Delhi High Court 2 December 2024 • 9 min read

Judges (1)

Counsel (9)

Ankush Verma Counsel Appellant Debashish Banerjee Counsel Appellant Pankaj Soni Counsel Appellant Rohit Rangi Counsel Appellant Shubham Sharma Counsel Respondent Siddhartha Shankar Ray Counsel Respondent Tanveer Malhotra Counsel Appellant Vaishali Joshi Counsel Appellant Vineet Rohilla Counsel Appellant

Parties (2)

Boehringer Ingelheim Vetmedica GmbH Appellant Controller of Patents Respondent

Case Significance

Boehringer Ingelheim Vetmedica Gmbh vs The Controller Of Patents is a Delhi High Court decision dated December 2, 2024 (citation: ik-82794064). The appellant challenged the Controller of Patents' refusal of a patent application for 'Containers for Compositions Comprising Meloxicam' under Section 15 of the Patents Act. The Court found that the impugned order had substantially reproduced the hearing notice objections without considering the appellant's submissions filed in response, failing to provide reasoned analysis. The order was set aside and the matter remanded to the Patent Office for fresh consideration within two months. The case was heard by Justice Amit Bansal.

Summary

The appellant challenged the Controller of Patents' refusal of a patent application for 'Containers for Compositions Comprising Meloxicam' under Section 15 of the Patents Act. The Court found that the impugned order had substantially reproduced the hearing notice objections without considering the appellant's submissions filed in response, failing to provide reasoned analysis. The order was set aside and the matter remanded to the Patent Office for fresh consideration within two months.

What was the outcome of Boehringer Ingelheim Vetmedica Gmbh vs The Controller Of Patents?

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-82794064)