IP Case Digest · Patents

Baxalta Incorporated v. The Controller of Patents, C.A.(COMM.IPD-PAT) 381/2022

Case number
C.A.(COMM.IPD-PAT) 381/2022
Date of judgment
Judge
Sanjeev Narula
Outcome
Set aside

Headnote

The refusal dealt only with the product claims. At the appeal stage the appellant was allowed to bring on record an auxiliary claim set restricting the application to the method claims, which section 59(1) permits, and the Controller had no objection. The matter went back for a fresh decision on the narrowed claims.

Read the judgment (PDF)

Disposition

Disposed of. Order of refusal set aside.

Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.