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ARTICLE · 06 AUGUST 2025

Another Drug Patent Refusal Comes Under The Indian Judicial Scanner

In Oramed Ltd. vs the Controller General of Patents, the Calcutta High Court set aside the decision vide order dated July 4, 2025, and remanded the case for a fresh hearing before a different Controller.

IndiaIntellectual Property

Another pharmaceutical patent refusal came under the judicial scanner in the Calcutta High Court. This time, a patent application filed by Oramed Ltd. for a novel oral insulin composition aimed at eliminating the need for daily insulin injections was refused by the Deputy Controller for lack of inventive step and composition falling under Section 3(e) of the Patents Act. Aggrieved by this refusal, the applicant filed an appeal before the Calcutta High Court [IPDPTA/8/2022] (OA/14/2020/PT/KOL).

In Oramed Ltd. vs the Controller General of Patents, the Calcutta High Court set aside the decision vide order dated July 4, 2025, and remanded the case for a fresh hearing before a different Controller. This case was remanded earlier by the Calcutta High Court vide its order dated June 19, 2019, passed in the Writ Petition No. WP (9575) of 2019. Significantly, in that order, this Court had directed the respondent to consider all materials made available and filed by the

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