Patents – Hearing under Section 14 to be granted even if same granted during pre-grant opposition

The Delhi High Court has reiterated that the Patent Controller was not justified in denying opportunity of hearing to the patent applicant under Section 14 for the reason that hearing was granted during the pre-grant opposition proceeding under Section 25(1). Remanding the dispute back, the High Court in Fresenius Kabi Ipsum SRL v. Asst. Controller of Patents and Designs [Judgement dated 31 August 2026] while relying on various precedents, including the DB decision in Novartis AG v. Natco Pharma Limited, observed the following:

• The patent examination proceedings under Chapter IV of the Patents Act, 1970 and pre-grant opposition proceedings under Section 25(1) thereof are distinct statutory processes.

• Hearing conducted in opposition proceedings cannot substitute for the hearing mandated during examination.

• Examination and opposition proceedings operate in separate fields and must be independently conducted.

• Failure to provide a Section 14 hearing deprived the applicant of a substantive right to address objections.