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
•
Oct 23, 2026

Imagine a researcher using artificial intelligence to identify a new material, a pharmaceutical team using machine learning to discover a promising compound,

Can AI-Assisted Inventions Be Patented in India?
News & Updates, Thought Leadership
•
Oct 20, 2026

Every time someone publishes an article, uploads a photograph, releases a song or shares research online, they contribute to an expanding body of human

Who Owns Internet’s Knowledge? Copyright, AI Training and Indian Law
News & Updates, Thought Leadership
•
Oct 17, 2026

An active pharmaceutical ingredient (API) is the substance responsible for a medicine’s therapeutic effect. Developing one can involve years of chemical

API Process Patents in India: Key Patent Infringement Disputes and Court Decisions
Thought Leadership
•
Oct 15, 2026

First published on Enterprise IT World. Authored by Subroto Kumar Panda Imagine you gave a supersmart robot a credit card and told it to “buy the best

Taming the AI Beast: How Big Companies Build Safe AI Agents