- Case number
- C.A.(COMM.IPD-PAT) 49/2023
- Court
- Delhi High Court
- Date of judgment
- Judge
- Tushar Rao Gedela
- Outcome
- Remanded
Headnote
Refusal of a polymorph application set aside and remanded, with a clear finding on section 3(d). The monohydrate crystalline polymorph keeps the fungicide Benzovindiflupyr stable between 50 and 60 degrees Celsius so that it does not crystallise into lumps that clog spraying machinery, making it usable in regions where temperatures exceed 40 degrees. The Court held that this is a reasonable enhancement of efficacy satisfying section 3(d), and that the absence of enhanced therapeutic efficacy is not a bar where the product is not a medicine. The order was separately vitiated by the Patent Office omitting the data the applicant had submitted without sufficient reasoning, and relying on existing knowledge without citing any source.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.