MARELLI EUROPE S.P.A. vs THE DEPUTY CONTROLLER OF PATENTS AND DESIGNS

IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 16th April, 2025 C.A.(COMM.IPD-PAT) 21/2024 & I.A. 9314-9317/2024 MARELLI EUROPE S.P.A. .....Appellant Through: Mr. Ranjan Narula, Ms. Suvarna Pandey, Mr. Shakti Nair and Mr. Parth Bajaj, Advocates versus THE DEPUTY CONTROLLER OF PATENTS AND DESIGNS .....Respondent Through: Mr. Jagdish Chandra, CGSC with Mr. Shubham Kumar Mishra, Mr. Ramnik Mishra and Mr. Tushar Arora, Advocates for UOI CORAM: HON'BLE MR. JUSTICE AMIT BANSAL AMIT BANSAL, J. (Oral) 1. The present appeal has been filed against the order of the respondent dated 28th December, 2023, refusing the grant of the Indian Patent Application No. 495/DEL/2013 (hereinafter ‘subject patent application’) filed on 21st February, 2013, having priority date of 22nd February, 2012 from an application filed in Italy bearing no. ITBO20120085Al in respect of the invention titled ‘HYDRAULIC SERVO-CONTROL OF A SERVOCONTROLLED GEARBOX’. 2. The subject patent application was published under Section 11A of the 2015. The First Examination Report was issued by the respondent on 6th February, 2019, which was replied to by the appellant on 6th August, 2019. Thereafter, a hearing was held b