Skip to main content

The Assistant Controller of Patents and Designs on 7 November 2016 allowed two applications of Pfizer Ireland covering their commercial method for production of Etanercept, dismissing four pre-grant oppositions. The claims were for a method of producing a polypeptide in a large-scale production cell culture over several stages.

The controller determined the claims to be novel, noting that the opponents’ calculations were incorrect. Further oppositions against the claims on the ground of obviousness under 25(1(e) Indian Patents Act 1970 were also dismissed. The controller concluded inventive step and non-obviousness in the method as none of the prior art documents either alone or in combination disclosed or taught the method.  She opined that “all the discussions of the opponent have been made in hindsight which is impermissible in law”.

Contentions that Pfizer’s two claims were not patentably distinct were also dismissed, with the determination that the two did not involve any issue of ever greening or double patenting.

Gitika Suri discusses the decisions on Patents Rewind.

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
Sep 05, 2026

Written by: Dr. Ajai Garg and Siddhant Chamola As Artificial Intelligence has now emerged as a disruptive ecosystem reshaping Global economy,  India’s

India’s Pursuit for Global South AI Leadership through Agentic AI Systems: Navigating Intellectual Property Challenges
News & Updates, Thought Leadership
Sep 02, 2026

Author: Lakshmidevi Somanath The law currently provides creators exclusive rights over their creation for a limited time, which gives a human inventor

From Innovation Incentives to Technology Diffusion – Protection of Intellectual Property Created by Agentic Artificial Intelligence
News & Updates, Thought Leadership
Aug 30, 2026

I. The Infringer’s Privacy Paradox The Digital Personal Data Protection Act, 2023 (“DPDP Act”) is built around a clear rule. Personal data

The DPDP Act’s Unanswered Question: Can Privacy Law Block a Software Piracy Investigation?
News & Updates, Thought Leadership
Aug 28, 2026

‘First published on India Business Law Journal’ By: Pravin Anand, Ajai Garg and Siddhant Chamola The Supreme Court of India’s Artificial Intelligence

Keeping the ‘judge’ in judgment