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...
The Jurisdiction Battle in Trademark Rectification: How Two Delhi High Court Rulings Exposed a Post-IPAB Fault Line
Introduction When the Tribunals Reforms Act, 2021 abolished the Intellectual Property Appellate Board (IPAB), it did more than shut down a specialised forum — it quietly reopened a question the trademark statute had never clearly answered: which High Court can hear a rectification or cancellation petition when the mark was registered somewhere else entirely? For decades, this question had a settled, almost mechanical answer. Under the Trade and Merchandise Marks Act, 1958, "High Court" was expressly defined by reference to the Trade Marks Registry's territorial reach, and the IPAB later organised its own benches around the same logic. But the Trade Marks Act, 1999 — the statute now in force — dropped that definition. For years, this omission went unnoticed because the IPAB's own administrative structure papered over the gap. Its abolition in 2021 removed that scaffolding, and the underlying ambiguity surfaced almost immediately, generating conflicting arguments ...