The month of May was sizzling like the weather in Delhi, at the Controller’s offices. In total, approximately 140 decisions were issued!! Compare this with March, in which a total of eight decisions were issued. Because of the large list, individual decisions are not discussed in detail in this post. Separate posts would follow for analysis of individual cases, and our readers are welcome to ask for analysis of ones in which they are interested in the comments section. There are ~35 cases where no file has been uploaded and I expect them to be uploaded as and when the respective Controller’s make them available for uploading. All files that I was able to download are made available here.
Apart from the large number of decisions, there is an unwelcome trend in the decisions from a few Assistant Controllers, where a mere single operative paragraphs decides the fate of the applicant with minimal comments on the real grounds. In one glaring instance, a total of three sentences (~15 words in total) have been used to grant an application. In other cases, the contents of the FER and /or claims are reproduced verbatim. I have highlighted these “pithy” decisions in the table below with an asterisk in the section/issue column. Where decisions are short because certain formal objections have been met, the same have been indicated.
There are multiple reasons why the unwelcome trend should stop. First and foremost is the doctrine of prosecution history estoppel. Under the doctrine, the applicant’s statements and the reasons for allowance become part of the patent and it provides immense help in future litigation, if any, that might arise from the grant of the patent. See related article. Second, not only does this trend run afoul of our patent office’s quality policy, it is a dis-incentive to all the hard work and effort put in by the remaining large majority of Assistant Controllers. Third, there is no reason that stops anyone from assuming that extraneous factors helped in the grant of a patent even when the Controller had issued the decision in utmost good faith and considered the case on merits. Finally, those cases where the Controller is just agreeing to formal objections raised during the FER by Examiners, should be considered by the Examiners only. There is no value addition by Controllers spending time on those cases. Formal objections are allowed except when made after the stipulated time.
APPLICATION NUMBER
|
APPLICANT
|
Decision
|
Section/Issue
|
CONTROLLER
|
PPG-SIPSY
|
Granted
|
*
|
Dr.S.S.Singh
|
|
PPG INDUSTRIES OHIO, INC.
|
Granted
|
*
|
Dr.S.S.Singh
|
|
DURA-LINE INDIA PVT. LIMITED
|
Refused
|
Time extension
|
Sh.S.N.Sav
|
|
WESTINGHOUSE AIR BRAKE TECH CORP.
|
Refused
|
2(1)(j)
|
P S Rao
|
|
QUALCOMM INCORPORATED
|
Granted
|
3(k)
|
N.K.MOHANTY
|
|
EXXONMOBIL CHEMICAL PATENTS, INC.
|
Granted
|
2(1)(j)
|
Dr.Rajesh Dixit
|
|
MERCK & DOHME CORP.
|
Refused
|
3(d,e), 2(1)(j)
|
Dr.Rajesh Dixit
|
|
VALOIS SAS
|
Granted
|
*. Formal obj
|
P S Rao
|
|
RIETER PERFOJET
|
Granted
|
*. Formal obj
|
P S Rao
|
|
AREVA T&D SA
|
Granted
|
137
|
P S Rao
|
|
MAP PHARMACEUTICALS, INC.
|
Refused
|
Abandoned
|
Dr.Rajesh Dixit
|
|
ALBEMARLE CORPORATION
|
Granted
|
*
|
S.K.Roy
|
|
BAYER SCHERING
|
Refused
|
3(d), 3(e)
|
N.R.Meena
|
|
COLGATE-PALMOLIVE COMPANY
|
Granted
|
2(1)(j)
|
Dr.Rajesh Dixit
|
|
GIST-BROCADES B.V.
|
Refused
|
Divisional
|
N.R.Meena
|
|
MERCK FROSST CANADA LTD.
|
Abandoned
|
Abandoned
|
S.K.Roy
|
|
PALADIN LABS INC.
|
Granted
|
3(i), 2(1)(j)
|
Dr.Rajesh Dixit
|
|
S.S GANDHINATHAN, & Others
|
Refused
|
2(1)(j)
|
P.K. Baig
|
|
PALADIN LABS INC.
|
NO File uploaded
|
Dr.Rajesh Dixit
|
||
PAWAN SAHARAN
|
Refused
|
Abandoned
|
Dr. Dinesh P. Patil
|
|
INVITROGEN DYNAL AS
|
Granted
|
*, 2(1)(j)
|
Dr.S.S.Singh
|
|
HINDUSTAN UNILEVER LIMITED
|
Granted
|
*
|
A.T.Patre
|
|
INVITROGEN DYNAL AS
|
NO File uploaded
|
Dr.S.S.Singh
|
||
INDIAN COUNCIL OF AGRICULTURAL RESEARCH
|
Refused
|
2(1)(j)
|
Monika Yadav
|
|
HONDA MOTOR CO., LTD.
|
Granted
|
*
|
Vinod Kumar
|
|
COSMO FILMS LTD
|
Abandoned
|
Abandoned
|
S.K.Roy
|
|
RENAISSANCE HERBS, INC.
|
Granted
|
2(1)(j)
|
Dr.Rajesh Dixit
|
|
MERCK & CO. INC.
|
Refused
|
Abandoned,
|
N.R.Meena
|
|
SECRETARY, DEPARTMENT OF ATOMIC ENERGY
|
Granted
|
*
|
Dr. Dinesh P. Patil
|
|
KEIPER GMBH & CO. KG
|
Granted
|
*
|
Santanu Dey
|
|
HEMOTEQ AG
|
Granted
|
*
|
Dr. Dinesh P. Patil
|
|
SANYANG INDUSTRY CO. LTD.
|
Refused
|
Abandoned
|
Pankaj Borkar
|
|
CUREDM INC.
|
Granted
|
*
|
Dr. Dinesh P. Patil
|
|
BREIZHTECH SAS
|
Granted
|
*. Formal obj
|
N.K.MOHANTY
|
|
INDIAN COUNCIL OF MEDICAL RESEARCH
|
Refused
|
2(1)(j)
|
Monika Yadav
|
|
VIPIN BHANDARI
|
Refused
|
Abandoned
|
Mr. Naveen Mathur
|
|
CHEVRON U.S.A., INC.
|
Granted
|
*
|
A.T.Patre
|
|
SUEDZUCKER
|
Granted
|
*
|
Dr. Dinesh P. Patil
|
|
KEIPER GMBH & CO. KG
|
Granted
|
*
|
Santanu Dey
|
|
GM GLOBAL TECHNOLOGY OPERATIONS, INC.
|
Granted
|
*
|
Santanu Dey
|
|
SHELAR ASHOK RANGANATH
|
Granted
|
*
|
Dr. Amarendra Samal
|
|
RELIANCE INDUSTRIES LIMITED
|
Granted
|
*
|
Dr. Amarendra Samal
|
|
INDIAN INSTITUTE OF TECHNOLOGY, BOMAY
|
Granted
|
*. Formal obj
|
Dr. Amarendra Samal
|
|
CSIR
|
Granted
|
*
|
N.R.Meena
|
|
CSIR
|
Granted
|
*
|
N.R.Meena
|
|
MUL-T-LOCK TECHNOLOGIES, LTD
|
Granted
|
*
|
Vinod Kumar
|
|
QUALCOMM INCORPORATED
|
Granted
|
2(1)(j),
|
Pinkesh Jain
|
|
KRONOS INTERNATIONAL, INC.
|
Granted
|
*
|
A.T.Patre
|
|
THE PROCTER & GAMBLE COMPANY
|
Refused
|
Abandoned
|
N.R.Meena
|
|
RENK AKTIENGESELLSCHAFT
|
Granted
|
*. Formal obj
|
Pinkesh Jain
|
|
LG INNOTEK CO., LTD
|
Granted
|
*
|
Dr. Amarendra Samal
|
|
CHARAK PHARMA PRIVATE LIMITED
|
Granted
|
*
|
Dr. Amarendra Samal
|
|
ENDRESS + HAUSER GMBH + CO. KG
|
Granted
|
2(1)(j)
|
Pinkesh Jain
|
|
SYMBIOTEC GMBH
|
Refused
|
2(1)(j), 3(d)
|
Dr. Dinesh P. Patil
|
|
QUALCOMM INCORPORATED
|
Granted
|
*. Formal obj
|
N.K.MOHANTY
|
|
OMYA DEVELOPMENT AG
|
Granted
|
*
|
A.T.Patre
|
|
QUALCOMM INCORPORATED
|
Granted
|
2(1)(j)
|
Pinkesh Jain
|
|
SHANGHAI INSTITUTE OF MATERIA MEDICA,
|
Granted
|
*
|
Dr. Amarendra Samal
|
|
BEIJING YUANDE BIO-MEDICAL ENGG. CO. LTD.
|
Granted
|
2(1)(j)
|
Dr. Dinesh P. Patil
|
|
QUALCOMM INCORPORATED
|
Granted
|
3(k)
|
N.K.MOHANTY
|
|
MOMENTIVE PERFORMANCE MATERIALS, INC.
|
Granted
|
*
|
A.T.Patre
|
|
MAHESH SHARMA
|
NO File uploaded
|
A.T.Patre
|
||
JOHNSON AND JOHNSON VISION CARE, INC.
|
Granted
|
*****
|
Parijat Sourav
|
|
VOLTEA LIMITED
|
Refused
|
*. 2(1)(j)
|
A.T.Patre
|
|
RESEARCH FOUNDATION, OSAKA UNIVERSITY
|
Refused
|
Divisional
|
Monika Yadav
|
|
FDC LTD
|
Refused
|
Abandoned
|
Dr. Amarendra Samal
|
|
INDIAN OIL CORPORATION LIMITED
|
Refused
|
Abandoned
|
Dr. Amarendra Samal
|
|
VERENIUM CORPORATION
|
Refused
|
Divisional
|
Monika Yadav
|
|
GODAVARI BIOREFINERIES LTD
|
Granted
|
A.T.Patre
|
||
RPG LIFE SCIENCES LIMITED
|
Granted
|
25(1)
|
DR.RUCHI TIWARI
|
|
MERIAL LIMITED
|
Refused
|
Abandoned
|
Monika Yadav
|
|
TEIKOKU PRINTING INKS MFG CO., LTD.
|
Granted
|
*
|
A.T.Patre
|
|
RPG LIFE SCIENCES LIMITED
|
Granted
|
25(1)
|
DR.RUCHI TIWARI
|
|
YAMAHA HATSUDOKI KABUSHIKI KAISHA
|
Granted
|
*****
|
Parijat Sourav
|
|
PHARMACIA CORPORATION
|
Refused
|
Divisional
|
Monika Yadav
|
|
CHANAYIL CLEETUS ANIL
|
Granted
|
*. Formal obj
|
M Ajith
|
|
TOYOTA JIDOSHA KABUSHIKI KAISHA
|
Granted
|
*. Formal obj
|
M Ajith
|
|
TVS MOTOR COMPANY LTD
|
Granted
|
*. Formal obj
|
M Ajith
|
|
SIEMAG GMBH
|
Granted
|
Formal obj.
|
M Ajith
|
|
TRANSASIA BIO-MEDICALS LTD
|
NO File uploaded
|
Dr. Dinesh P. Patil
|
||
TELEFONAKTIEBOLAGET LM ERICSSON (publ)
|
Refused
|
Abandoned
|
Pinkesh Jain
|
|
ILLUMIGEN BIOSCIENCES, INC
|
NO File uploaded
|
Monika Yadav
|
||
VERENIGING VOOR
|
NO File uploaded
|
Monika Yadav
|
||
INVENTO SPOLKA Z O.O.
|
NO File uploaded
|
Pankaj P Borkar
|
||
YAMASA CORPORATION
|
NO File uploaded
|
Monika Yadav
|
||
BIOMERIEUX SA
|
NO File uploaded
|
Monika Yadav
|
||
CONCENTRATE MFG. IRELAND
|
Granted
|
*
|
A.T.Patre
|
|
THE QUAKER OATS COMPANY
|
NO File uploaded
|
A.T.Patre
|
||
SABIC INNOVATIVE PLASTICS IP B.V
|
Granted
|
*
|
S.K.Roy
|
|
MITSUI CHEMICALS, INC.
|
NO File uploaded
|
Shah Alam
|
||
SABIC INNOVATIVE PLASTICS IP B.V
|
NO File uploaded
|
S.K.Roy
|
||
BIOPROJECT
|
Granted
|
*
|
A.T.Patre
|
|
ELI LILLY AND COMPANY
|
Granted
|
*. Formal obj
|
A.T.Patre
|
|
BP CORPOTATION NORTH AMERICA INC.
|
Granted
|
*
|
A.T.Patre
|
|
BOREALIS TECHNOLOGY OY
|
NO File uploaded
|
A.T.Patre
|
||
APPLIED MATERIALS, INC.
|
Granted
|
*
|
A.T.Patre
|
|
CONCENTRATE MFG. IRELAND
|
Granted
|
*
|
A.T.Patre
|
|
CONCENTRATE MFG. IRELAND
|
Granted
|
*
|
A.T.Patre
|
|
VOLTEA LIMITED
|
NO File uploaded
|
A.T.Patre
|
||
FRIWO GERAETEBAU GMBH
|
NO File uploaded
|
N.K.MOHANTY
|
||
MAHESH SHARMA
|
Refused
|
Abandoned
|
A.T.Patre
|
|
RENAISSANCE HERBS, INC.
|
NO File uploaded
|
Dr.Rajesh Dixit
|
||
SIEMENS WATER TECH
|
Granted
|
*
|
Dr.S.S.Singh
|
|
3M INNOVATIVE PROPERTIES COMPANY
|
NO File uploaded
|
M Ajith
|
||
THE MEDICAL HOUSE PLC
|
Granted
|
Vikash Sharma
|
||
SIERRA WIRELESS, INC.
|
NO File uploaded
|
V Palaniswamy
|
||
DUKE UNIVERSITY
|
Granted
|
2(1)(j), 3(d,e,i)
|
Dr.Rajesh Dixit
|
|
THIRUMALAI ANANDAMPILLAI ANAND VISHNU
|
NO File uploaded
|
Parveen Kausar Baig
|
||
IHI CORPORATION
|
NO File uploaded
|
Parveen Kausar Baig
|
||
ETHICON ENDO SURGERY INC
|
Granted
|
*****
|
Soumen Ghosh
|
|
SIEMENS INDUSTRY INC.
|
Granted
|
*
|
Dr.S.S.Singh
|
|
ETHICON ENDO SURGERY INC
|
NO File uploaded
|
Soumen Ghosh
|
||
DELAVAU L.L.C
|
Granted
|
*, 3(d)
|
S.K.Roy
|
|
923/MUMNP/2007
|
CO2PAC LIMITED
|
Granted
|
*. Formal obj
|
Vikash Sharma
|
CARL STRUTZ & CO. INC.
|
Granted
|
*
|
Santanu Dey
|
|
EISAI CO.,LTD
|
NO File uploaded
|
Dr Nilanjana Mukherjee
|
||
HALLIBURTON ENERGY SERVICES, INC.
|
NO File uploaded
|
A.T.Patre
|
||
GALLIUM ENTERPRISES PTY LTD
|
NO File uploaded
|
Dr SP Subramaniyan
|
||
BAYER HEALTHCARE LLC
|
NO File uploaded
|
A.T.Patre
|
||
NOVARTIS AG
|
NO File uploaded
|
Dr SP Subramaniyan
|
||
TROY GROUP INC.
|
NO File uploaded
|
A.T.Patre
|
||
CHIESI FARMACEUTICI S.P.A
|
Granted
|
*. Formal obj
|
Dr.S.S.Singh
|
|
AORTECH BIOMATERIALS PTY LTD.
|
NO File uploaded
|
Soumen Ghosh
|
||
CADILA HEALTHCARE LIMITED
|
Refused
|
2(1)(j)
|
A.T.Patre
|
|
CADILA HEALTHCARE LIMITED
|
Refused
|
2(1)(j)
|
A.T.Patre
|
|
QUALCOMM INCORPORATED
|
Granted
|
Support/Clarity
|
Pinkesh Jain
|
|
QUALCOMM INCORPORATED
|
Granted
|
*. Formal obj
|
Pinkesh Jain
|
|
QUALCOMM INCORPORATED
|
Refused
|
Abandoned
|
N.K.MOHANTY
|
|
ASTRAZENECA AB
|
NO File uploaded
|
Dr.S.S.Singh
|
||
QUALCOMM INCORPORATED
|
Granted
|
*. 3(k) Formal obj
|
Pinkesh Jain
|
|
TATA MOTORS LIMITED
|
Granted
|
*. Formal obj
|
Vikash Sharma
|
|
QUALCOMM INCORPORATED
|
Granted
|
*, Formal obj.
|
Pinkesh Jain
|
|
MOMENTIVE PERFORMANCE MATERIALS, INC.
|
NO File uploaded
|
A.T.Patre
|
||
HINDUSTAN UNILEVER LIMITED
|
Refused
|
Abandoned
|
Vikash Sharma
|
|
MOMENTIVE PERFORMANCE MATERIALS, INC.
|
NO File uploaded
|
A.T.Patre
|
||
SHENZHEN BAK BATTERY CO. LTD.
|
NO File uploaded
|
A.T.Patre
|
||
DEPARTMENT OF VETERANS AFFAIRS
|
NO File uploaded
|
A.T.Patre
|
||
EFI ELECTRONICS CORPORATION
|
Granted
|
2(1)(j), Formal
|
N.K.MOHANTY
|
|
SHYAM SINGH THAKUR
|
Refused
|
Abandoned
|
Pinkesh Jain
|
Thanks for this update and the attached files. It is very useful. Will be great if someone can also highlight that cases rejected on the basis of 3-d belong to which drugs/products in other countries?
Ha..ha…ROTFL…
1. Hearing held on 16/12/2011.
2. All the three (03) formal objections are met.
3. Decision to grant the patent.
———-Ha..ehee.ROTFL.