Madras High Court
(T)CMA(PT)/116/2023 of Ospedale San Raffaele S.r.I. Vs Assistant Controller of Patents and Designs on 30 October 2026
(T)CMA(PT) No. 116 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08-10-2026
CORAM
THE HON'BLE MR.JUSTICE P.B. BALAJI
(T)CMA(PT) No. 116 of 2023
CNR: {HCMA010943182023}
1. Ospedale San Raffaele S.r.I.
Via Olgettina n. 60
Milan, Italy,
2. Fondazione Telethon
Via Carlo Spinola 16
1-00154, Rome
Italy,
..Petitioner(s)
Vs
Assistant Controller of Patents and Designs Government of India, Patent Office Intellectual Property Rights Building GST Road, Guindy, Chennai - 600 032
..Respondent(s)
That the order dated 27 July 2018 and issued by the Respondent on 27 July 2018 be set aside and the application No. 5430/CHENP/2007 for Patent be allowed to proceed to grant.
For Petitioner(s):
Mr.S.Shivathanu Mohan
for M/s.S.Ramasubramanian Associates
For Respondent(s):
Mr.P.R.Ramesh Babu
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(T)CMA(PT) No. 116 of 2023
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JUDGMENT
Though elaborate submissions on the merit of the appeal have been advanced by the learned counsel for the appellants, after carefully perusing the records and also taking into account the arguments on merits, I find that there may not be any necessity for me to dwell any further into the arguments advanced on the merits for the simple reasons that the International Application in PCT/EP06/02266 has been filed on 26.05.2026. The period of twenty years has already lapsed and therefore in my considered opinion nothing actually survives for any further consideration, especially in the light of the fact that the appeal itself is consequent to the refusal of the application for issuance of patent.
2. In view of the above, without expressing anything on the merits of the claims of the petitioners and the arguments advanced by the learned counsel for the appellant, the appeal is dismissed on the limited ground that the relief sought for has become infructuous.
3. This Appeal is dismissed as infructuous. No costs. 08-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No ATA
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(T)CMA(PT) No. 116 of 2023
P.B.BALAJI, J. ATA (T)CMA(PT) No. 116 of 2023 08-10-2026
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(T)CMA(PT) No. 116 of 2023 P.B.BALAJI.J., The matter is listed today under the caption 'for being mentioned'.
2. It is brought to my notice that there are some typographical errors in the order dated 08.10.2026:- At Paragraph No.1, at sixth line instead of 'PCT/EP06/02266 has been filed 26.05.2026', should be mentioned as 'PCT/IB06/02266 has been filed on 26.05.2006'.
3. Except the above modifications, the order dated 08.10.2026, remains unaltered in all other aspects. The Registry is directed to carry out necessary correction in the order dated 08.10.20226 and issue a fresh order copy to the parties. 30-10-2026 RKP
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(T)CMA(PT) No. 116 of 2023
P.B.BALAJI, J. RKP (T)CMA(PT) No. 116 of 2023 30-10-2026
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