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
Aug 25, 2025

At the FICCI–ICRIER Conference on SEPs (23rd August 2025), our Managing Partner Mr. Pravin Anand shared his vision on how India can evolve from being

Conference on Standard Essential Patents (SEPs)
News & Updates
Aug 24, 2025

‘Intellectual Property for a company/ creator is as critical and important as human rights for an individual,’ this guiding belief at ANAND AND ANAND

IAM Strategy 300
Thought Leadership
Aug 21, 2025

‘First published on IAM’ By:  Vaishali R Mittal Patent examination by the Indian Patent Office (IPO) has slowed down dramatically over the last few

Patent examination slowdown risks harming India’s IP momentum
Thought Leadership
Jul 28, 2025

‘First published on Asia IP’ By: Pravin Anand In the book What is Life, written in 1944 by theoretical physicist Erwin Schrödinger, the author states: “A

Human versus machine consciousness