VGX PHARMACEUTICALS INC vs THE CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 18h February, 2025 + C.A.(COMM.IPD-PAT) 48/2022 VGX PHARMACEUTICALS INC .....Appellant Through: Mr. Adarsh Ramanujan, Ms. Krishna Sarma, Ms. Manisha Singh, Ms. Rajashree Sharma, Ms. Kameshwari Sridhur and Mr. Shubhankar Gupta, Advocates. versus THE CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS .....Respondent Through: Mr. P.S. Singh, CGSC with Ms. Annu Singh and Mr. Rohit Singh Lodhi, Advocates. 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 order dated 9th December, 2019 (hereinafter ‘impugned order’) passed by the Assistant Controller of Patents and Designs (hereinafter ‘Assistant Controller’), whereby the patent application bearing no. 2366/DELNP/2009 titled ‘ELECTROPORATION DEVICES AND METHODS OF USING SAME FOR ELECTROPORATION OF CELLS IN MAMMALS’ (hereinafter ‘subject application’) has been refused. Signature Not Verified Digitally Signed By:DHARMENDER SINGH C.A.(COMM.IPD-PAT) 48/2022 Page 1 of 7 Signing Date:25.02.2025 16:31:40 2. The present appeal was filed before the erstwhile Intellectual Property Appellate Board (hereinafter ‘IPAB’). Pursuant to the abolition of IPAB in terms of the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, the present appeal has been transferred to this Court. 3. Brief facts relevant to decide the present appeal are as follows: 3.1. The appellant filed the subject application at the Patent Office, New Delhi on 13th April, 2009. The subject application is based out of PCT international application bearing no. PCT/US2007/022139 having international filing date 17th October, 2007 and claims priority from US 60/852,149 dated 17th O