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

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. 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