VERTEX PHARMACEUTICALS INCORPORATED Vs. CONTROLLER GENERAL OF PATENTS, DESIGN, TRADEMARK AND GEOGRAPHICAL INDICATIONS

JUDGEMENT

(1.) By way of W.P.(C)-IPD 10/2024, the petitioner seeks to challenge the notice dtd. 8/12/2023 issued by the Assistant Controller General of Patents, Designs, Trademark and Geographical Indications/ respondent no.2 'Controller' in Indian Patent Application no.202017026584 'subject Patent Application'. By way of W.P.(C)-IPD 12/2024, the petitioner seeks to challenge the order dtd. 5/4/2024 passed by the Controller in Miscellaneous Petition under Sec. 80 of the Patents Act, 1970 'the Act' read with Rules 128 and 129 of the Patents Rules, 2003 'the Rules', in relation to the subject Patent Application.

(2.) Since both writ petitions are qua the same Patent Application no.202017026584 filed by the petitioner before the respondent no.1, and common issues arose therein, both writ petitions, with consent of the parties, were heard together and are thus being adjudicated vide this common judgment.

(3.) Succinctly put, an interesting issue has arisen before this Court relating to the effect of filing a Pre-Grant Opposition under Sec. 25(1) of the Act before the Controller after the Patent Application of the patentee has been allowed and the Patent has been granted by the Controller, particularly, since it has been duly signed and acknowledged so, but yet not uploaded on the official website 'ipindia.gov.in' of the Indian Patent Office 'the Rules'. In effect, the issue pertains to 'Whether the Pre-Grant Opposition is maintainable after the grant of the Patent by the Controller under such circumstances?".