MERCK SERONO S. A. Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is stated to be the biopharmaceutical division of Merck KgaA, a chemical and life sciences company. The petitioner impugns an order dated 13.08.2008 passed by the Controller of Patents and Design whereby its National Phase Application bearing No. 01363/DELNP/2003 (hereinafter referred to as 'the application') for invention titled "A process of preparing a pharmaceutical composition for the treatment and/or prevention of heart disease and the compositions thereof" was declared as abandoned. The petitioner also assails the order dated 24.02.2009 whereby its application for reviewing the impugned order dated 13.08.2008 was rejected.

(2.) THE petitioner had filed the application on 26.08.2003, which was published in the Gazette on 27.05.2005, in terms of Section 11A of the Patent Act, 1970 (hereinafter referred to as 'the Act') .

(3.) THEREAFTER , the petitioner filed its request for examination on 15.12.2005. The First Examination Report (FER) was issued by the Examiner of Patents and Design, respondent no.3, on 27.06.2007. Several objections were raised in FER (18 in number) . These objections were specifically responded to by the petitioner on 02.01.2008. Subsequently, on 23.06.2008, a Second Examination Report (SER) raising several objections was served on the petitioner. Some of the objections stated in the SER were common to the FER. The SER also noted that the "Last date for putting the application in order for grant will expire on 27.06.2008".