MEDILABO RFP INC vs THE CONTROLLER OF PATENTS

* 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. 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 s