THE REGENTS OF THE UNIVERSITY OF CALIFORNIA vs THE CONTROLLER OF PATENTS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 10th February, 2025 Judgment pronounced on: 21st February, 2025 + C.A.(COMM.IPD-PAT) 481/2022 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA .....Appellant Through: Mr. Debashish Banerjee, Ms. Vaishali Joshi and Mr. Ankush Verma, Advocates. versus THE CONTROLLER OF PATENTS .....Respondent Through: Mr. Rohan Jaitley, CGSC with Mr. Kunwar Varun Pratap Singh, Mr. Dev Pratap Shahi, Mr. Yogya Bhatia and Ms. Ranjana Jetley, Advocates. Dr. R Bhanumathi, Deputy Controller of Patents & Designs (through VC) 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 14th July, 2022 (hereinafter ‘impugned order’) passed by the Assistant Controller of Patents and Designs (hereinafter ‘Controller’), whereby the Indian Patent Application No. 201717005699 titled ‘VACCINE FOR LIVESTOCK PRODUCTION SYSTEMS’ (hereinafter ‘subject patent application’), which Signature Not Verified Digitally Signed C.A.(COMM.IPD-PAT) 481/2022 Page 1 of 21 By:DHARMENDER SINGH Signing Date:21.02.2025 12:48:41 relates to a recombinant Salmonella microorganism based live vaccine for preventing enteric bacterial infection, has been refused. BRIEF FACTS 2. Brief facts necessary for deciding the present appeal are set out below: 2.1. The appellant, The Regents of the University of California, is an entity based out of the United States of America. 2.2. The subject patent application was filed as a national-phase application under the Patent Cooperation Treaty (‘PCT’), claiming priority from a US Patent Application with a priority date of 29th August, 2014. The appellant had filed the subject patent application