SpicyIP Tidbit: Putting the Cart Before the Horse: A Look into Esteve Pharmaceuticals vs CPD
In the August 7 order passed in Esteve Pharmaceuticals S.A. vs Controller of Patents and Designs (2026), the Delhi High Court adopted a tiered approach in examining the grounds for rejecting a patent application. It accepted that the invention “Co-crystals of Tramadol and Coxibs” was novel (differing from the Controller on 2(1)(j)), but it lacked inventive step (upholding the Controller’s objections under 2(1)(ja)). And because it lacked inventive step, the Court did not find examining further under 3(d) and 3(e)






