CELLECTIS vs THE ASSISTANT CONTROLLER OF PATENTS AND DESIGNS

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 28th February, 2025 + C.A.(COMM.IPD-PAT) 6/2023 & I.A. 10451/2024 CELLECTIS .....Appellant Through: Ms. Vindhya S. Mani and Ms. Harshita Agarwal, Advocates. versus THE ASSISTANT CONTROLLER OF PATENTS AND DESIGNS .....Respondent Through: Mr. Nitinjya Chaudhry, Senior Panel Counsel with Mr. Rahul Mourya, Advocate. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) I.A. 10451/2024 (u/S 59 of the Patents Act, 1970) 1. This application has been filed on behalf of the appellant under Section 59 of the Patents Act, 1970 (Patents Act) for filing amended complete specification in respect of patent application no.10437/DELNP/2015. BRIEF FACTS 2. Brief facts necessary for deciding the present application are set out below: I. Appellant filed Indian patent application no. 10437/ DELNP/ Signature Not Verified Digitally Signed C.A.(COMM.IPD-PAT) 6/2023 Page 1 of 6 By:AANCHAL TAGGAR Signing Date:06.03.2025 12:27:43 2015 titled “Method for Engineering Allogenic and Highly Active T- Cell for Immunotherapy” on 12th November, 2015 with original 1-28 claims as the national phase application of the PCT application no.PCT/IB2014/061409 in India. II. The application was published in the Patent Journal on 12th February, 2016. III. The appellant filed a request for examination on 17th April, 2017. IV. The First Examination Report (FER) was issued by the Patent Office, New Delhi on 13th December, 2019, raising objections of lack of inventive step under section 2(1)(ja) and non-patentability under Sections 3(d) and 3(h) of the Patents Act. V. The appellant filed a response to FER along with amended claims 1-18 before the Patent Office, New Delhi on 11th September, 2020. VI. A hearing notice was issued by the Patent Offic