GERON CORPORATION vs THE ASSISTANT CONTROLLER OF PATENTS AND DESIGNS

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 10.11.2025 Date of Decision: 17.03.2026 Judgment uploaded on: As per digital signature + C.A.(COMM.IPD-PAT) 244/2022 & I.A. 10126/2022 GERON CORPORATION .....Appellant Through: Mr. Sanjeev Kumar Tiwari & Mr. Shatadal Ghosh, Advocates. versus THE ASSISTANT CONTROLLER OF PATENTS AND DESIGNS .....Respondent Through: Mr. Pratima N Lakra, CGSC with Ms. Kanchan Shakya, Mr. Shailendra Kumar Mishra, Mr. Priyam Sharma & Mr. Chanakya Kene, Advocates. % CORAM: HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT MANMEET PRITAM SINGH ARORA, J C.A.(COMM.IPD-PAT) 244/2022 1. The present appeal has been filed under Section 117-A of the Patents Act, 1970 [‘the Patents Act’], read with Section 151 of the Code of Civil Procedure, 1908 [‘CPC’], against the order dated 31.12.2021 [‘impugned order’] passed by the Controller/Respondent. BRIEF FACTS 2. Brief facts necessary for deciding the present appeal are set out below: Signature Not Verified Signed By:MOHIT Signing C.A.(COMM.IPD-PAT) 244/2022 Page 1 of 30 Date:18.03.2026 16:56 3. The Appellant/Geron Corporation is inter alia a large-stage clinical biopharmaceutical company that is focused on the development and potential commercialisation of imetelstst, a first-in-class telomerase inhibitor. 4. On 26.05.2015, the Appellant’s PCT application no. PCT/US2013/072302 titled ‘DIAGNOSTIC MARKERS FOR TREATING CELL PROLIFERATIVE DISORDERS WITH TELOMERASE INHIBITORS’ entered the national phase in India as Indian Patent Application No. 4506/DELNP/2015[‘Subject Patent Application’]. Subject Patent Application claimed methods for the identification of individuals previously diagnosed with a cell proliferative disorder, that would show benefit when treated with a telomerase inhibitor compoun