ARCTURUS THERAPEUTICS INC vs ASSISTANT CONTROLLER OF PATENTS AND DESIGNS

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 24th February, 2025 + C.A.(COMM.IPD-PAT) 40/2023 ARCTURUS THERAPEUTICS INC .....Appellant Through: Mr Pravin Anand, Mr. Devinder Rawat and Mr Ashutosh Upadhyaya, Advocates versus ASSISTANT CONTROLLER OF PATENTS AND DESIGNS .....Respondent Through: Mr. Rohan Jaitley, CGSC with Mr. Dev Pratap Sahani & Mr Varun Pratap Singh, Advocates for UoI with Mr. Ravikumar Battini, Assistant Controller of Patents CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present appeal has been filed under Section 117A of the Patents Act, 1970 against the impugned order dated 25th July, 2023, refusing the Indian patent application no.201617019205 titled "Ionizable Cationic Lipid For RNA Delivery". 2. The relevant dates of the aforesaid patent application are as follows: Sr. No. DATE EVENT 1. November 18, 2013 Priority Application (US 61/905,724) was filed in USA Signature Not Verified Digitally Signed C.A.(COMM.IPD-PAT) 40/2023 Page 1 of 6 By:KOMAL DHAWAN Signing Date:01.03.2025 18:55:59 2. November 18, 2014 PCT Application (PCT/US2014/066242) was filed taking priority from the US Application No. 61/905,724. 3. May 21, 2015 The PCT Application was published bearing International Publication Number of WO2015/074085. 4. June 2, 2016 PCT National Phase Application was filed in India and Indian Application Number 201617019205 has been assigned to it. 5. February 15, 2019 First examination report (FER) was issued by the Indian patent office. 6. August 13, 2019 The Appellant has filed response to the FER. 7. March 8, 2022 Hearing notice was issued by the Respondent appointing a hearing (1st) for March 29, 2022. 8. March 29, 2022 The Appellant attended the hearing (1st). 9. April 12, 2022 The Appellant filed petition