GLOBAL LIFE SCIENCES SOLUTIONS USA LLC, U. S. A. Vs. CONTROLLER GENERAL OF PATENTS, DESIGNS & TRADEMARKS, MUMBAI

JUDGEMENT

(1.) This appeal is directed against an order dtd. 4/3/2020 rejecting Patent Application No.6061/CHENP/2010.

(2.) The predecessor-in-interest of the appellant, GE Healthcare Biosciences Corp, had applied for grant of patent for an invention titled "A Gamma Sterilizable RFID system that Prevents Unauthorized Operation of Associated Disposable Bio-process Components" by claiming priority from 27/3/2008 as per application dtd. 20/8/2008 for grant of patent before the United States Patent Office (the USPTO). After filing PCT Application No. PCT/US08/073624, the predecessor-in-interest of the appellant filed the national phase application in India on 27/9/2010. Upon request by the appellant, the First Examination Report (FER) was issued on 27/3/2018. In the FER, objections were raised on various grounds, including under Sec. 3 (k) of the Patents Act, 1970 (the Patents Act) and Sec. 2(1)(ja) thereof. The appellant responded to the FER on 9/9/2018. Thereafter, pursuant to a hearing held on 16/12/2019, the appellant filed written submissions along with amended claims. Eventually, by order dtd. 4/3/2020, the patent application was rejected. This appeal was filed in the said facts and circumstances. Counsel and their contentions

(3.) Oral arguments on behalf of the appellant were advanced by Ms.Manisha Singh and Mr.Varun Sharma, learned counsel. Mr.Diwakar, learned SPC, assisted by Mr.Praveen Kumar, Assistant Controller of Patents, responded on behalf of the respondents.