ALLERGAN INC Vs. CONTROLLER OF PATENTS

JUDGEMENT

(1.) On 13/8/2012, the appellant submitted Patent Application No. 7039/DELNP/2012 to the Patent Office, New Delhi, for grant of a patent for "INTRACAMERAL SUSTAINED RELEASE THERAPEUTIC AGENT IMPLANTS". The application contained the following 20 claims:

(2.) On 6/11/2017, the Controller of Patents wrote to the attorneys of the appellant, objecting to the application as filed. Among the objections which were raised by the Controller was an objection that the Claims in the patent application were not patentable as they related to the method of treatment of human beings/animals, in respect of which Sec. 3(i)[3. What are not inventions. - The following are not inventions within the meaning of this Act, -

(3.) Pursuant to the aforesaid First Examination Report (FER), the appellant, submitted a set of amended Claims, reducing the number of claims from the earlier 20 to 5. The amended Claims read thus: