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...
Delhi High Court Directs Inquiry into Missing Trademark Files: DIPP Admits Records Lost During Registry Decentralization
A writ petition was filed before the Delhi High Court by an aggrieved company, Haldiram, seeking inspection of certain trademark prosecution and opposition files pertaining to its own applications and proceedings before the Trade Marks Registry. In the course of the proceedings, several other parties—similarly unable to access their respective files—applied for and were granted impleadment, joining the petitioner in seeking directions from the Court. Registry's Inability to Explain the Missing Files Despite repeated queries from the Court, the Trade Marks Registry was unable to furnish any convincing explanation for its failure to produce the files sought for inspection. In view of this, the Court directed that an inquiry be conducted by the Secretary of the Department of Industrial Policy and Promotion (DIPP), under whose administrative supervision and control the Patent, Trade Marks, Design, and Geographical Indications offices function. The DIPP, in turn, operates under the Mi...