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

Judgment text excerpt

$~2 * 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 Signature Not Verified Digitally Signed C.A.(COMM.IPD-PAT) 21/2024 Page 1 of 6 By:AANCHAL TAGGAR Signing Date:22.04.2025 17:31:48 Patents Act, 1970 on 16th January, 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 before the respondent on 10th January, 2023, and post hearing submissions were filed on 24th January, 2023. 3. The respondent, vide order dated 28th December, 2023 (hereinafter ‘impugned order’), has rejected the subject patent application on the ground of lack of inventive step under Section 2(1)(ja) of the Patents Act, 1970 in view of prior art documents D1 to D5, which are, Dl: (US4875665A) D2: (US3875748A) D3: (US20020