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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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Practice Areas

 

Practice Areas

Every aspect of intellectual property law — handled with precision, commercial awareness, and global reach.

At Aswal Associates, our practice spans the full spectrum of intellectual property rights. From first filing to final enforcement, we provide end-to-end counsel across India and more than 50 countries through our trusted international associate network.

Patents

Our patent attorneys hold advanced degrees in engineering, life sciences, and chemistry, giving us genuine command over complex innovations. We handle patentability searches, drafting of provisional and complete specifications, filing and prosecution before the Indian Patent Office (IPO), USPTO, EPO, CNIPA, and JPO, as well as PCT international applications. Our sector expertise spans pharmaceuticals, biotechnology, software, telecommunications, and mechanical engineering. Beyond grant, we manage annuities, oppositions, and post-grant proceedings.

Trademarks

We protect brands at every stage: clearance searches, registration, examination responses, hearings, oppositions, and renewals — in India and across ASEAN, the EU (EUIPO), the USA, and 50+ countries via the Madrid Protocol and direct national filings. Our contentious practice covers infringement and passing-off actions, watch services, investigations, and criminal prosecution against counterfeiters.

Industrial Designs

Leading international IP firms consult us on design matters in India and neighbouring jurisdictions. We handle design prosecution, registration, and enforcement — including protection for graphical user interfaces (GUIs) — and coordinate filings under the Hague System.

Copyright

Registration and enforcement of copyright in literary, artistic, software, and cinematographic works, along with licensing, assignment, and anti-piracy actions.

Geographical Indications

Advisory and registration services for geographical indications, helping producers and associations protect the distinctive identity and commercial value of regional products.

IP Litigation & Enforcement

We represent clients in patent, trademark, copyright, and design disputes before the Delhi High Court, the Supreme Court of India, and other Indian courts. Our enforcement toolkit includes urgent interim injunctions, anti-counterfeiting raids, customs recordation to block infringing imports, and coordinated cross-border enforcement.

Strategic IP Services

IP is a business asset, and we help clients treat it as one. Our strategic practice covers portfolio management, freedom-to-operate analyses, patentability opinions, IP due diligence for mergers and acquisitions, licensing and technology transfer, competitive intelligence, and IP valuation and monetization strategies aligned with your commercial goals.

Global Coverage

From our New Delhi headquarters — located close to the Indian IP Office — we coordinate filings and enforcement across India, South Asia (Bangladesh, Nepal, Bhutan, Maldives, Sri Lanka, Pakistan), ASEAN (Singapore, Malaysia, Thailand, Vietnam, Indonesia, Philippines), China, Japan, South Korea, Australia, the USA, the UK, Europe, and South Africa. One firm, one coordinated strategy, every jurisdiction.

To discuss how any of these practice areas apply to your business, get in touch with our team.

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