TAIHO PHARMACEUTICAL CO. LTD. Vs. CONTROLLER OF PATENTS

JUDGEMENT

(1.) The present appeal has been filed under Sec. 117A of the Patents Act, 1970 (hereinafter 'Act') and is directed against the order dtd. 18/6/2021 (hereinafter 'impugned order') passed by the Assistant Controller of Patents and Designs (hereinafter 'Controller'), whereby the Indian Patent Application No. 7283/DELNP/2014 titled 'Novel Piperidine Compound or Salt thereof' (hereinafter 'subject patent application') has been refused.

(2.) Brief facts necessary for deciding the present appeal are set out below:

(3.) The impugned order was passed by the Patent Office on 18/6/2021, refusing the subject patent application on the ground that the claims of the subject patent application lack inventive step as required under Sec. 2(1)(ja) of the Act and is non patentable under the Sec. 3(d) of the Act.