Delhi High Court Rules On Maintainability Of Pre-Grant Opposition After Patent Grant

Delhi High Court Rules On Maintainability Of Pre-Grant Opposition After Patent Grant

Court decides on timing of pre-grant opposition in patent cases

The Delhi High Court delivers a significant judgment in the case of Vertex Pharmaceuticals Incorporated vs Controller General of Patents, Designs, Trademark and Geographical Indications & Ors., clarifying the maintainability of pre-grant opposition after the grant of a patent. The Court held that a pre-grant opposition filed after the grant of a patent is not maintainable, particularly when the opposition is filed after the Controller has signed the order granting the patent.

The Court's decision emphasizes that the grant of a patent is complete when the Controller signs the order, and subsequent acts, such as uploading the order on the IPO website or generating the patent certificate, are mere ministerial formalities. The Court relied on previous judgments, including Dr. Snehlata C. Gupte vs Union of India & Ors. and Dhaval Diyora vs Union of India and Ors., to support its decision.

The Court's direction to quash the impugned notice and order issued by the Assistant Controller General of Patents, Designs, Trademark and Geographical Indications showcases the need for adherence to statutory timelines and procedures.

In this case the petitioner was represented by team Anand & Anand led by Mr. Pravin Anand, Ms. Tusha Malhotra, Ms. Archana Shanker and Ms. Sugandha Yadav, Advocates.