Facts (with Timeline):
On 4th October, 2013, Novo Nordisk (hereinafter referred to as “Patentee”) was issued patent IN 257402.
On 29th September, 2014, which is five days prior to the expiry of one year from the date of grant, Sun Pharmaceuticals Industries (hereinafter referred to as “Opponent) filed a post-grant opposition to the issued patent IN 257402.
On 21st August, 2019, the Opposition Board provided its recommendation to the learned Controller.
On 25th September, 2019 and 26th September, 2019, the hearing…
In a recent decision, the Delhi High Court gave clarity about how amended claims during opposition proceedings have to be dealt with by the Controller of Patents. In the case, four claim sets were filed by Novartis, the Patent Applicant, from the PCT filing stage, and the opponent in the case, NATCO, filed a pre-grant representation based on a pre-final claim set. Later, the claims were amended by the Patent Applicant, and a final set was submitted along with expert…