MEDILABO RFP INC vs THE CONTROLLER OF PATENTS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 24/11/2025 + C.A.(COMM.IPD-PAT) 16/2024 MEDILABO RFP INC .....Appellant versus THE CONTROLLER OF PATENTS .....Respondent Advocates who appeared in this case For the Appellant : Mr. Debashish Banerjee, Ms. Vaishali Joshi & Mr. Ankush Verma, Advocates. For the Respondent : Mr. Nishant Gautam, CGSC with Mr. Prithviraj Dey, Advocate. CORAM: HON'BLE MR. JUSTICE TEJAS KARIA JUDGMENT INTRODUCTION 1. This Appeal has been filed under Section 117A of the Patents Act, 1970 (“Act”) against the order (“Impugned Order”) dated 21.12.2023, passed by the Assistant Controller of Patents and Designs (“Respondent / Controller”), refusing the Patent Application No. 202117034705 (“Subject Application”) on the grounds under Section 3(i) of the Act. Signature Not Verified C.A.(COMM.IPD-PAT) 16/2024 Page 1 of 22 Signed By:SWATI MAYEE SAHU Signing Date:24.11.2025 20:14:34 FACTUAL MATRIX 2. The Impugned Order passed by the learned Controller, refusing the Subject Application titled ‘PROPHYLACTIC OR THERAPEUTIC DRUG FOR NEURODEGENERATIVE DISEASES’ under Section 3(i) of the Act. 3. The subject matter of the invention relates to a medicine / drug composition / pharmaceutical formulation useful for the treatment of a neurodegenerative disease, as well as capable of reducing adverse side effects. 4. The originally filed Claims 3 to 13 disclose a prophylactic / therapeutic drug where rifampicin, as well as resveratrol, are administered as a dosage regimen depending on the body weight of the subject through trans nasal administration over a period of a specified time. 5. The Appellant filed a request for examination on 26.12.2022. The First Examination Report dated on 20.01.2023 (“FER”) was issued by the Patent Office in connection with