ABBVIE BIOTHERAPEUTICS INC & ANR. vs ASSISTANT CONTROLLER OF PATENTS DESIGNS

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 25.03.2025 Judgment pronounced on: 16.04.2025 C.A.(COMM.IPD-PAT) 44/2023 & I.A. 23895/2023 ABBVIE BIOTHERAPEUTICS INC & ANR. .....Appellants Through: Ms. Archana Shankar and Mr. Pravin Anand, Advocates. versus ASSISTANT CONTROLLER OF PATENT DESIGNS .....Respondent Through: Ms. Manisha Agrawal Narain, CGSC with Mr. Abhishek Kumar and Mr. Nipun Jain, Advocates. CORAM: HON’BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. 1. The present appeal has been filed under Section 117A of the Patents Act, 1970 (hereinafter ‘Act’) and is directed against the order dated 31 st July, 2023 (hereinafter ‘impugned order’) passed by the Assistant Controller of Patents and Designs (hereinafter ‘Controller’), whereby the Indian Patent Application No. 201817047767 titled ‘ANTI-cMet ANTIBODY DRUG CONJUGATES AND METHODS FOR THEIR USE’ (hereinafter ‘subject patent application’) has been refused. 2. Brief facts necessary for deciding the present appeal are set out below. 2.1. The appellants, AbbVie Biotherapeutics Inc. and AbbVie Inc. are biopharmaceutical companies. 2.2. The subject patent application was filed as a national phase applica