Alimentary Health Limited vs. Controller of Patents and Designs

"Patentability Requires Thorough Analysis"

This case revolves around a patent dispute for a probiotic bacterium formulation involving the strain Bifidobacterium longum NCIMB 41676. Here are the key details:

Case Background

- Patent Application: Alimentary Health Limited filed a patent application for a formulation involving the probiotic bacterium strain Bifidobacterium longum NCIMB 41676.

- Controller's Decision: The Assistant Controller of Patents and Designs refused the application under Section 15 of the Patent Act, 1970, citing lack of inventive step and non-patentability under Sections 3(c) and 3(d) of the Act.

Court's Decision

- Delhi High Court Ruling: The Delhi High Court set aside the Controller's decision and remanded the matter for fresh consideration, emphasizing the need for a thorough analysis of inventive step and uniqueness of the claimed formulation.

- Key Findings: The court highlighted that the Controller's decision lacked a substantive examination of the specific strain's uniqueness and its inventive step, merely noting that prior art discloses health benefits of probiotic strains without detailed analysis.

Implications

- Importance of Detailed Analysis: The judgment emphasizes the necessity for a comprehensive analysis of inventive step and novelty when assessing patent applications.

- Fresh Examination: The Controller is directed to conduct a fresh examination of the patent application, providing a detailed analysis and rendering a final decision within four months.