Controller Of Patents Must Specify Known Substance Against Which Claimed Invention Is Being Assessed In Hearing Notice: Delhi High Court

The Delhi High Court, in a significant judgment, has emphasized that the Controller of Patents must clearly identify the ‘known substance’ while raising objections under Section 3(d) of The Patents Act, 1970. Justice Amit Bansal, presiding over the case of Taiho Pharmaceutical Co. Ltd v. The Controller Of Patents, ruled that failure to mention the known substance in the hearing notice deprives the applicant of a fair chance to defend…