FRESENIUS MEDICAL CARE DEUTSCHLAND GMBH vs CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS AND ANR

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 16th April, 2025 + C.A.(COMM.IPD-PAT) 302/2022 FRESENIUS MEDICAL CARE DEUTSCHLAND GMBH .....Appellant Through: Mr. Pravin Anand, Ms.. Neeti Wilson & Mr. Ashutosh Upadhyaya, Advocates. versus CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS AND ANR .....Respondents Through: Ms. Arunima Dwivedi, CGSC with Ms. Kritika Sharma, Ms. Piky Pawar, Mr. Sainyan Bhardwaj, Ms. Aarti & Mr. Aakash, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present appeal has been filed against the order of the Respondent dated 27th February, 2020, refusing the grant of the Indian Patent Application No. 7493/DELNP/2012 (hereinafter referred to as the Subject Patent Application) dated 28th August, 2012, having priority date of 2nd March, 2010, in respect of the invention titled “Microvesicles (MVs) derived from adult stem cells for use in the therapeutic treatment of a tumor disease”. 2. The Subject Patent Application is a national phase application of PCT application no. PCT/EP2011/052945 with 20 claims with the independent Signature Not Verified Digitally Signed C.A.(COMM.IPD-PAT) 302/2022 Page 1 of 6 By:AANCHAL TAGGAR Signing Date:22.04.2025 17:31:48 claims being: “1. A microvesicle (MV) derived from an adult stem cell for use in the therapeutic treatment of a tumour disease. *** 10. A method of therapeutically treating a tumour disease, comprising administering to a patient in need thereof a therapeutically effective amount of a microvesicle derived from an adult stem cell.” [Emphasis supplied] 3. The Patent Application was published under Section 11A of the Patents Act, 1970 on 1st January, 2016. The First Examination Report was issued by the Respondent on 28th June, 2017, which was replied