Calcutta High Court
Sanofi – Aventis (Oa/11/2019/Pt/Kol) vs Controller General Of Patents on 23 March, 2026
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
OIPD-3
ORDER SHEET
IN THE HIGH COURT AT CALCUTTA
INTELLECTUAL PROPERTY RIGHTS DIVISION
ORIGINAL SIDE
IPDPTA/78/2023
SANOFI - AVENTIS (OA/11/2019/PT/KOL)
VS
CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS AND
ANR.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 23rd March, 2026.
Appearance:
Mr. Debnath Ghosh, Sr. Adv., Sourojit Dasgupta, Adv., Mr. Biswaroop Mukherjee, Adv.
Mr. Uttiyo Mallick, Adv.
for the appellant
Mr. Swatarup Banerjee, Adv.
Mr. Rishav Kumar Thakur, Adv.
For respondents
The Court: The appellant submits in support of the grounds on which
the appellant seeks interference to the order of the Assistant Controller of
Patents & Designs dated 29th August, 2018. The brief objection of the appellant
is that the Assistant Controller while passing the order impugned did not deal
with the arguments given in response to the objection regarding lack of
inventive steps but only passed a cursory remark in respect thereof. The refusal
cannot be under Section 3(c) of the Patents Act, 1970 (hereinafter referred to as
said Act). According to the appellant, rejection if any, at the highest could have
been under the provisions of Section 3(d) of the said Act for which the controller
was required to address the issues accordingly.
2
The order impugned, therefore, is perverse and tainted with material
illegality according to the appellant. This fact is, however, disputed on behalf of
the controller being respondent nos.1 and 2 in the appeal. The matter requires
further consideration.
Let it appear in the monthly list of April 2026.
(ARINDAM MUKHERJEE, J.)
Sb/