OTSUKA PHARMACEUTICAL CO. LTD. Vs. THE CONTROLLER GENERAL OF PATENTS & DESIGNS, BAUDHIK SAMPADA BHAWAN

JUDGEMENT

(1.) This appeal is against the order dated 11/05/2009 passed by the Deputy Controller of Patents in India Patent application No.1880/DELNP/2005 filed on 05/05/2005 under section 15 of the Patents Act, 1970 (hereinafter referred to as the Act).

(2.) THE facts of the case are - -

(3.) ON 26/12/2007, the appellant submitted a detailed reply with respect to the inventive step, section 3(d) and 3 (e) of the Act. On 25/03/2008 and 24/06/2008, the Deputy Controller issued two office actions wherein the objections raised with respect to inventive step, section 3(d) and section 3(e) were maintained without any explanation as to how and why the submissions presented by the appellant were not sufficient.