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Critical Analysis: Intra-Cellular Therapies, Inc. v. Controller of Patents

  Critical Analysis: Intra-Cellular Therapies, Inc. v. Controller of Patents (2026:DHC:5394) C.A.(COMM.IPD-PAT) 24/2023 | Delhi High Court | Decided: 06.07.2026 I. Doctrinal Analysis: Novelty and the "Coverage vs. Disclosure" Question A. The genus-species anticipation problem The core novelty dispute was a classic Markush-genus-versus-species-selection issue. The appellant argued that arriving at the claimed species from the generic Formula I of D1/D7 required " multiple selections " among independent variables (R1–R6), and that the Controller impermissibly relied on more than one prior art document to construct a single "closest prior art" novelty attack — a submission with real doctrinal pedigree, since novelty (unlike obviousness) is ordinarily tested against a single prior document read as a whole. The Court's response — invoking AstraZeneca AB and Boehringer Ingelheim v. Vee Excel — collapses the " covered vs. disclosed " dist...
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Jurisdictions

 

Jurisdictions Covered

One firm, one coordinated strategy, every jurisdiction.

Headquartered in New Delhi, near the Indian Patent Office, Aswal Associates coordinates patent, trademark, design, and copyright filings and enforcement across more than 50 countries through our trusted network of associate firms. Whether you need a single national filing or a globally coordinated portfolio strategy, we manage the process end to end.

India

Our home jurisdiction and core strength. We handle the complete lifecycle of IP rights before the Indian Patent Office, the Trade Marks Registry, and the Designs Office — from filing and prosecution to opposition, litigation, and enforcement before the Delhi High Court, the Supreme Court of India, and other specialised IP benches.

South Asia

We have provided regional IP coverage since 2008, with associates and affiliates across:

  • Bangladesh
  • Nepal
  • Bhutan
  • Maldives
  • Sri Lanka
  • Pakistan

We closely track evolving regional frameworks — for instance, the Maldives' upcoming national IP registration system through MIPO — to help clients time their filings strategically.

South East Asia & ASEAN

As there is no unified regional patent or trademark system in ASEAN, protection requires individual national filings. We coordinate this through our associate network across:

  • Singapore
  • Malaysia
  • Thailand
  • Vietnam
  • Indonesia
  • Philippines

For trademarks, several ASEAN jurisdictions accept Madrid Protocol applications, while others require direct national filing. For patents, we typically advise PCT national phase entry to preserve priority while assessing target markets.

East Asia

We coordinate filing and prosecution in:

  • China (CNIPA)
  • Japan (JPO)
  • South Korea

Europe & the United Kingdom

We assist clients in securing protection through the European Patent Office (EPO) and the EU Intellectual Property Office (EUIPO), as well as via the Unitary Patent system, which offers uniform protection across participating EU member states through a single registration and renewal — often at a meaningful cost saving compared to validating a European patent in multiple countries individually. We also handle UK filings.

United States

Filing, prosecution, and portfolio strategy before the United States Patent and Trademark Office (USPTO), with particular depth in pharmaceutical, biotechnology, and software-related inventions.

Other Jurisdictions

Through our associate network, we also support clients seeking protection in Australia and South Africa, and can coordinate filings in additional countries on request.

International Filing Systems We Use

  • PCT (Patent Cooperation Treaty) — a single international application preserving priority across contracting states for up to 30–31 months, before national phase entry.
  • Madrid Protocol — a single trademark application designating multiple member countries.
  • Hague System — centralised filing for industrial designs across member jurisdictions.
  • Paris Convention — priority filing rights across member countries within set timelines.

Not sure which jurisdictions matter for your business? Get in touch for an initial assessment of your IP strategy and target markets.

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