Novartis Ag v. Controller of Patents and Designs & Anr.
Case brief
What is this about?
Delhi HC order dated 21.04.2025 (Amit Bansal J) in W.P.(C)-IPD 18-20/2025, Novartis AG v. Controller of Patents and Designs & Anr.: impugned order dated 17.03.2025 of the Joint Controller and Opposition Board recommendation recommending revocation of Indian patent no. 414518 set aside for denial of opportunity to file rebuttal evidence (principles of natural justice); rebuttal evidence under Rules 59-60, Patent Rules 2003 to be filed within 8 weeks; fresh Opposition Board recommendation within 4 weeks thereafter; fresh hearing notice by Deputy Controller; expeditious decision by Controller; expressly not a precedent.
What did the court decide?
Writ petitions disposed of by directions: impugned order of the Joint Controller dated 17th March, 2025 and the Opposition Board recommendation set aside; petitioner permitted to file rebuttal evidence under Rule 59 and Rule 60 within eight weeks; Opposition Board to make a fresh recommendation within four weeks thereafter; Deputy Controller to issue a fresh hearing notice and conduct a hearing; Controller to decide all post-grant oppositions expeditiously.