ZERIA PHARMACEUTICAL CO. LTD vs THE CONTROLLER OF PATENTS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: April 23, 2025 % Pronounced on: May 27, 2025 + C.A.(COMM.IPD-PAT) 452/2022 ZERIA PHARMACEUTICAL CO. LTD. .....Appellant Through: Mr. Ankush Verma, Mr. Debashish Banerjee, Mr. Vineet Rohilla, Ms. Vaishali Joshi, Mr. Rohit Rangi, Mr. Tanveer Malhotra and Ms. Gurneet Kaur, Advs Versus THE CONTROLLER OF PATENTS ....Controller Through: Ms. Pratima M. Lakra, CGSC with Mr. Chandan Prajapati and Mr. Shailendra Kumar Mishra, Advs. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT Preface: 1. This judgment addresses the issue of refusal of Indian Patent Application No.3630/DLNP/2011 titled “A COMPOUND REPRESENTED BY FORMULA (5a)”, filed on 13.05.2011 as a divisional patent application out of Indian Patent Application number 1090/DELNP/20071, by the Assistant Controller of Patents & Designs.2 1 Hereinafter referred to as the “subject application” 2 Hereinafter referred to as the “Controller” C.A.(COMM.IPD-PAT) 452/2022 Page 1 of 21 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:27.05.2025 18:53:31 vide order dated 20.10.20163 under the provisions of the Patents Act, 1970 (as amended from time to time)4. 2. The invention under the subject application relates to a novel intermediate compound formula (5a), represented as A 2- [(2-hydroxy- 4,5-dimethoxybenzoyl) amino]-1, 3-thiazole-4-carboxylic acid methyl ester compound in which is a ring “A” represents a benzene ring/ a 6- membered aromatic heterocycle containing one or two selected from a nitrogen atom, an oxygen atom, and a sulphur atom, containing:-  R1 as a hydrogen atom,  R2 and R3 are each a methoxy group, and  R4 is a hydrogen atom. Brief Narrative: 3. The Controller issued a First Examination Report5 raising both formal and technical objections