IP Case Law › Patents › Syngenta Participations AG v. Controller of Patents and Desi…
Relevant Acts and provisions
Patents Act, 1970
Section 117ASection 2(1)(ja)Section 3(d)
Provisions considered: Sections 2(1)(ja), 3(d) and 117A of the Patents Act, 1970, on inventive step and enhanced efficacy.
Brief facts
Syngenta appealed under Section 117A against the Controller's order refusing a patent application for a monohydrate crystalline polymorph of a fungicide compound. The Controller held that the polymorph lacked inventive step under Section 2(1)(ja), reasoning that thermal stability is an inherent, unpredictable property of polymorphs and that no unexpected effect over four cited prior-art documents was shown, and…
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Cases cited
- Novartis AG v. Union of India & Ors., (2013) 6 SCC 1
Authorities referred to in the decision. Please verify each citation in the judgment itself.
Keywords
Efficacy Inventive Step Patent Prosecution Prior Art Section 3(d)
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